PROBLEMS POSED BY PSYCHIATRIC EVALUATIONS IN THE MEDICO-LEGAL AREA AND THEIR CRIMINOLOGICAL PRSPECTIVES PROCEEDINGS OF THE 2ND INTERNATIONAL SYMPOSIUM ON CRIMINOLOGY

• NCJ Number: 39935
• Author(s): G CANEPA
• Date Published: 1975
• Length: 18 pages
• Corporate Author: International Ctre for Biological and Medico-Forensic Criminology
• Publication Format: Document
• Publication Type: Conference Material
• Language: French
• Country: Brazil

Annotation

FORENSIC MEDICINE DEALS WITH THREE BASIC ASPECTS OF THE HUMAN PERSONALITY - IDENTITY, QUALITY, AND DISABILITY.

Abstract

PSYCHIATRIC EVALUATIONS ASSESS THE QUALITY OF PERSONALITIES OF THOSE INDIVIDUALS WHO ARE SUBJECTS OF THE LAW. THE TWO QUALITIES THEY APPRAISE ARE CRIMINAL CULPABILITY AND SOCIAL DANGEROUSNESS. UNDER ITALIAN LAW, PSYCHIATRIC EVALUATIONS ARE CONDUCTED TO ASCERTAIN THE EXISTENCE OF A MENTAL DISABILITY AT THE TIME OF THE OFFENSE WHICH WOULD HAVE AFFECTED THE INDIVIDUAL'S CAPACITY TO UNDERSTAND THE NATURE OF THE ACT. THE PSYCHIATRIST IS ALSO ASKED TO EVALUATE THE DANGEROUSNESS OF THE OFFENDER. THIS IS DONE BY MEANS OF A SERIES OF WEEKLY SESSIONS OVER A TWO-MONTH PERIOD. THE RESULTS OF THE EVALUATION ARE THEN GIVEN TO THE JUDGE. IN CASES WHERE THE DEFENDANT IS JUDGED NOT BE CRIMINALLY CULPABLE, HE IS COMMITTED TO A PSYCHIATRIC HOSPITAL BASED ON THE SERIOUSNESS OF THE OFFENSE. IN CASES INVOLVING A FINDING OF DIMINISHED RESPONSIBILITY, THE JUDGE MAY REDUCE THE SENTENCE AND ORDER IT TO BE SERVED IN A SECURE TREATMENT CENTER. ALL FINDINGS OF DANGEROUSNESS ARE TAKEN INTO ACCOUNT BY THE JUDGE IN DETERMINING WHERE SENTENCES SHALL BE SERVED. IT IS SUGGESTED THAT THE PSYCHIATRIC EVALUATION IS, IN EFFECT, AS ASSESSMENT OF THE CRIMINAL CULPABILITY OR RESPONSIBILITY OF THE DEFENDANT. --IN FRENCH...ELW