NCJ Number
48477
Journal
Psychiatric Annals Volume: 4 Issue: 8 Dated: (AUGUST 1974) Pages: 16-19,22-23,26-27,30-31
Date Published
1974
Length
10 pages
Annotation
THE RELATIONSHIP BETWEEN PSYCHIATRY AND THE LAW IS EXAMINED IN A QUESTION-ANSWER FORMAT, WITH PARTICULAR ATTENTION TO THE POTENTIAL FOR CONFLICT BETWEEN THE PSYCHIATRIST'S MEDICAL AND LEGAL ROLES.
Abstract
THERE IS CONSIDERABLE DISAGREEMENT AMONG MEMBERS OF BOTH THE PSYCHIATRIC AND THE CRIMINAL JUSTICE PROFESSIONS CONCERNING THE RELATIONSHIP BETWEEN PSYCHIATRY ON THE ONE HAND AND THE RULE OF LAW (IDEALS OF NORMATIVE SOCIAL JUSTICE) AND THE RULES OF LAW (SPECIFIC LEGAL MORAL STATEMENTS) ON THE OTHER. IT IS SUGGESTED THAT THE FIELD OF PSYCHIATRY HAS A SOCIAL OBLIGATION TO SUPPORT THE RULE OF LAW, ALTHOUGH NOT NECESSARILY THE RULES OF LAW. THE FIELD OF PSYCHIATRY AND THE LAW IS CONCERNED WITH ALL PSYCHIATRIC TOPICS WHICH TOUCH UPON THE LAW. THIS FIELD IS DISTINGUISHED FROM THE FIELD OF FORENSIC PSYCHIATRY IS CONCERNED PRIMARILY WITH LEGAL ENDS. IN THE FORMER FIELD, THE THERAPEUTIC PHILOSOPHY AND VALUE SYSTEM OF MEDICINE PREDOMINATES, WHILE IN THE LATTER, VALUES OF LEGAL JUSTICE PREVAIL. IT IS SUGGESTED THAT WHEN THE PREVAILING SYSTEM OF LEGAL JUSTICE CONFLICTS WITH THE FORENSIC PSYCHIATRIST'S NOTION OF SOCIAL JUSTICE, THEN THE PRACTITIONERS HAS A RIGHT TO REFUSE THE FORENSIC ROLE. WHETHER PSYCHIATRISTS AND PHYSICIANS SHOULD APPLY THEMSELVES TO ANY ENDS OTHER THAN THE TRADITIONAL HELPING AND HEALING ENDS IS A MATTER OF PROFESSIONAL DEBATE. WITHIN THE FIELD OF FORENSIC PSYCHIATRY, THERE IS ALSO CONCERN THAT PSYCHIATRY MAY BE ABUSED OR MISUSED IN THE CAUSE OF LEGAL JUSTICE. MOREOVER, THE FORENSIC PSYCHIATRIST, LIKE OTHER INDIVIDUALS, MAY HOLD ATTITUDES OR PHILOSOPHIES AT VARIANCE WITH CURRENT CONCEPTIONS OF LEGAL JUSTICE. IN SUCH CASES INTENSE ROLE CONFLICT MAY OCCUR, AS IN INSTANCES WHERE THE PSYCHIATRIST MAY BE STRONGLY OPPOSED TO THE DEATH PENALTY BUT MUST TESTIFY ON A DEFENDANT'S CRIMINAL RESPONSIBILITY IN A CAPITAL CASE. THE CONTRIBUTION OF FORENSIC PSYCHIATRISTS TO LEGAL JUSTICE DEPENDS UPON THEIR CREDIBILITY AND CONSEQUENTLY IT IS IMPORTANT THAT THEY ACT OBJECTIVELY AND NEUTRALLY IN THEIR ROLE AS FORENSIC PSYCHIATRISTS. FORENSIC PSYCHIATRISTS MAY ACT AS SOCIAL CHANGE AGENTS, BUT THIS ROLE MUST BE KEPT SEPARATE FROM THEIR FORENSIC ROLE. ONLY RECENTLY HAVE GUIDELINES FOR FORENSIC PSYCHIATRIC TESTIMONY BEEN PUT FORTH. IN GENERAL, FORENSIC PSYCHIATRY REQUIRES A MUCH HIGHER LEVEL OF PROOF THAN IS OTHERWISE REQUIRED. IT IS IMPORTANT THAT SUCH TESTIMONY BE RELEVANT, PERSUASIVE, PROBATIVE, AND CAPABLE OF WITHSTANDING CRITICAL CROSS-EXAMINATION; FOR INSTANCE, LEGAL DEFINITIONS OF MENTAL ILLNESS ARE FAR MORE STRINGENT THAN DEFINITIONS USED IN PSYCHIATRIC PRACTICE. FINALLY, BECAUSE OF THE HIGH VISIBILITY OF FORENSIC PSYCHIATRY, SPECIALIZED TRAINING IN THE FIELD OF FORENSIC PSYCHIATRY AND PSYCHIATRIC/BEHAVIORAL SCIENCE RESEARCH ARE RECOMMENDED. REFERENCES ARE INCLUDED. (JAP)