NCJ Number
13037
Journal
Judicature Volume: 57 Issue: 7 Dated: (FEBRUARY 1974) Pages: 308-311
Date Published
1974
Length
4 pages
Annotation
DISCUSSION OF TWO CLASSES OF OBSERVER-PERCEPTIONS OF THE MALADJUSTED CRIMINAL - THE TREATMENT ORIENTED 'BLEEDING HEART' AND THE PUNISHMENT ORIENTED 'BLOOD THIRSTY.'
Abstract
THE AUTHOR CONTENDS THAT PSYCHIATRIC EXPERTS ARE TOO PREJUDICED BY THEIR MEMBERSHIP IN ONE OR THE OTHER OF THESE GROUPS TO BE WORTH MUCH IN THE DETERMINATION OF THE ULTIMATE QUESTION OF CRIMINAL RESPONSIBILITY. HE SUGGESTS THAT COURTS WOULD DO WELL TO HALT PSYCHIATRIC TESTIMONY JUST SHORT OF THIS FINAL CONCLUSION AND INSTEAD, DIRECT THE EXPERT TO SIMPLY PRESENT TO THE TRIER OF FACT THE KIND OF MAN THE DEFENDANT IS, HIS SYMPTOMS AND SEVERITY, WHAT WAS GOING ON IN HIS MIND AT THE MOMENT OF THE OFFENSE, AND HOW THE DEFENDANT PRECEIVED HIS ACTIONS AT THE MOMENT OF THE OFFENSE. THE EXPERT MUST BE ABLE TO DEMONSTRATE HOW HE COLLECTED THE DATA, SO THAT THE TRIER CAN EVALUATE ITS CREDIBILITY. ON THE BASIS OF THIS EVIDENCE, THE TRIER CAN DETERMINE THE ISSUE OF CRIMINAL RESPONSIBILITY. (AUTHOR ABSTRACT)