NCJ Number
49336
Date Published
1976
Length
5 pages
Annotation
THE ROLE OF THE PSYCHIATRIST IN JUDICIAL DECISIONS CONCERNING THE MANAGEMENT OF DISTURBED OFFENDERS IS EXAMINED, AND SHORTCOMINGS IN PSYCHIATRIC PROGNOSES AND PREDICTIONS OF CRIMINALITY ARE DISCUSSED.
Abstract
IN THE NETHERLANDS, A PRIMARY CONSIDERATION IN JUDICIAL DECISIONS TO COMMIT A MENTALLY ILL OFFENDER TO A MENTAL INSTITUTION IS THE DEGREE OF DANGEROUSNESS OF THE OFFENDER TO THE LIFE AND PROPERTY OF OTHERS. YET PSYCHIATRIC REPORTS OFTEN FAIL TO CONSIDER DANGEROUSNESS OR CRIMINALITY POTENTIALS IN RECOMMENDATIONS FOR COMMITTAL. IN FACT, DANGEROUSNESS AND CRIMINALITY ARE SOCIAL EVALUATIONS ABOUT WHICH PSYCHIATRISTS CAN TELL LITTLE. PSYCHIATRISTS SHOULD CONFINE THEMSELVES TO ADVISING THE JUDGE ABOUT THE LIKELIHOOD OF RELEVANT CRIMINAL BEHAVIOR IN AN EXACT AND DETAILED MANNER SO THAT THE JUDGE CAN DETERMINE WHETHER THE OFFENDER'S BEHAVIOR IS LIKELY TO BE SO INTOLERABLE TO SOCIETY AS TO JUSTIFY COMMITMENT. IN MAKING A PROGNOSIS IT IS ALSO IMPORTANT THAT THE LIKELY EFFICACY OF ALTERNATIVE OUTPATIENT MODES OF TREATMENT BE CONSIDERED. WHILE FORENSIC PSYCHIATRY LITERATURE TENDS TO CONVEY THE IMPRESSION THAT PSYCHIATRISTS ARE QUALIFIED TO PREDICT CRIMINAL BEHAVIOR, RESEARCH DOES NOT SUBSTANTIATE THIS CLAIM. PSYCHIATRIC PROGNOSES ARE OFTEN BASED ON KNOWLEDGE OF PAST CRIMES, RATHER THAN ON PERSONALITY ASSESSMENT AND ON AN EVALUATION OF POTENTIAL RESPONSIVENESS TO TREATMENT. MOREOVER, PSYCHIATRIC PROGNOSES ARE GENERALLY CLINICAL JUDGMENTS REFLECTING A COMBINATION OF EXPERIENCE AND INTUITION. OFTEN THE PSYCHIATRIST'S EXPERIENCE IN FORENIC PSYCHIATRY IS LIMITED AND THE LACK OF CONSISTENT FOLLOWUP MAKES IT DIFFICULT TO EVALUATE THE VALIDITY OF PAST PROGNOSES. EFFECTIVE TREATMENT OF HIGH-RISK CASES MAY ITSELF MAKE THE EVALUATION OF THE PAST PROGNOSIS DIFFICULT. THUS THE PSYCHIATRIST AS PREDICTOR OF CRIMINAL BEHAVIOR CAN NOT USUALLY LIVE UP TO THE HIGH EXPECTATIONS SO OFTEN EXPRESSED. IT IS ALMOST IMPOSSIBLE TO RELIABLY PREDICT HUMAN BEHAVIOR, INCLUDING CRIMINAL BEHAVIOR. TOO MANY UNFORESEEABLE AND UNCONTROLLABLE INFLUENCES INTERVENE. IN TIME, RESEARCH AND IMPROVED METHODS OF PROGNOSIS MAY PERMIT GREATER RELIABILITY OF PSYCHIATRIC PROGNOSES. WHILE PSYCHIATRIC INPUT MAY PROVIDE A MORE RATIONAL BASIS FOR THE ADMINISTRATION OF JUSTICE THAN THE PRESENTIMENTS OF THE JUDGE, IT IS IMPORTANT THAT PSYCHIATRISTS RECOGNIZE THEIR LIMITATIONS AND ADOPT A MODEST AND SELF-CRITICAL ATTITUDE. REFERENCES ARE PROVIDED. (JAP)