Doing justice to justice

Adshead's recognition that only when taken together can the many different conceptions of justice accommodate what is called for in the particularly demanding setting of forensic mental health care, is to be applauded. Each must be honoured and built into the systems of assessment and treatment that are the tasks of the forensic psychiatrist, she demonstrates. Adshead's far‐reaching revisions could resolve much that is troubling about the present practice of forensic psychiatry. Yet how much these revisions can overcome the moral dilemmas associated with dual roles in forensic psychiatry, is not so clear.     

On Law and Morality. A Dialogue

Abstract. The dialogue focusses on the distinctions and connections between law and morality. Morality is seen as axiological in character, whereas law is deontological. The possibility of a conceptual tie between goodness (axiology) and duty (deontology) is firmly disputed. Habermas's discursive foundation of ethics is criticized because it seems to confer on moral principles the status of a priori synthetic truths. Every moral idea has a cultural relativity which is not taken into account by Habermasian dialogue ethics. The moral and the legal points of view are kept separate: A law which does not satisfy the requirements of a "minimum content" of natural law is not said to be "law," but simply falling short of moral criteria. The possibility of introducing rational guarantees into moral discourse is not denied, but doubt remains as to whether there are "right answers" to moral questions.     

Forensic pathology--the hidden specialty: A survey of forensic pathology training available to medical students and residents

It is no wonder that some people refer to forensic pathology as the "hidden specialty." This paper shows evidence that the only exposure given to most medical students is a brief, all-too-explicit demonstration ("horror show") of interesting cases that can only attract the bizarre of mind into the field. It is further pointed out that even residents in pathology receive scanty, if any, formal training in most medical school residency programs, in spite of the fact that two thirds of the medical schools responding have one or more forensic pathologists on their faculty. The obvious answer is a change in the curriculum if this increasingly important subspecialty is to be saved.     

尸源性昆虫的法医学研究进展

尸源性昆虫学是应用昆虫学知识解决有关法律问题的法医学分支学科,对死亡时间的推断。特别是腐败尸体的死后间隔时间的推断等方面具有无可比拟的优越性。本文根据国内外近期法医昆虫学方面的研究进展,阐述了尸源性昆虫的研究历史、种类和侵蚀过程,并总结了尸源性昆虫形态学及分子生物学的种属鉴定方法。及近几年来在推断死亡时间方面的具体应用。就尸源性昆虫在法医学领域内的应用及进展进行综述。     

信号检测论视角下法医精神病鉴定意见的评判

鉴定意见准确是高质量法医精神病鉴定的必然要求。然而,法医精神病鉴定是由鉴定人来实施的,在鉴定过程中,鉴定人需要进行一系列判断和识别,鉴定意见是鉴定人一系列识别和判断的结果。探讨法医精神病鉴定中鉴定人识别和判断活动的特征,并结合信号检测论所揭示的人进行识别和判断活动的心理学规律,探讨法医精神病鉴定意见准确性的影响因素,以及由信号检测论所揭示的规律对于正确认识法医精神病鉴定的准确性、提高法医精神病鉴定质量的指导价值和意义。     

法医精神病鉴定内容架构及评定要点解析

法医精神病鉴定在刑事、民事和行政三大诉讼领域中,以鉴定意见的证据形式发挥着重要作用。然而,与其重要性不相匹配的是,法医精神病鉴定学科发展尚不完善、专业发育尚不成熟,尚不能满足社会和民众的期盼和要求,甚至引发负面评价。为进一步促进法医精神病鉴定规范化、标准化建设。以法医精神病鉴定人的视角,结合法医精神病鉴定的内容架构,重点阐述法医精神病鉴定主要项目及其作用、评定要点,尤其聚焦刑事责任能力评定,阐明当前存在分歧和困难;简要介绍法医精神病鉴定人执业要求、法医精神病鉴定质量控制;以及简述法医精神病鉴定与临床精神医学实践的区别与联系。     

探讨急性酒精中毒者的刑事责任能力

我国刑法第18条第四款规定"醉酒的人犯罪,应当负刑事责任。"自从上世纪80年代末期复杂性醉酒的类型从日本引进中国后,司法精神医学界逐渐放宽了相当一部分醉酒者的刑事责任能力评定标准。这似乎有悖于现行法的规定,为了使该范围的鉴定与现行法规保持一致,笔者从医和法的两维角度探讨了如何评定急性酒精中毒者的刑事责任能力。     

略论“鉴定留置”——由邓玉姣案说起

邓玉娇故意伤害案中的司法精神医学鉴定的过程,非常典型地暴露出了我国司法精神医学鉴定中有关＂鉴定留置＂制度缺位的严重问题。精神病鉴定虽然是一个医学问题,但它更是一个法律问题,我国对司法精神病鉴定制度的规定存在严重的缺失,对精神病鉴定等一系列问题的立法必须提升到我国立法的议事日程上来。对此,我们应当借鉴国外成熟经验,首先,应认识到对犯罪嫌疑人精神病鉴定是需要干涉公民人身自由的强制处分行为,并明确限定鉴定留置的范围。其次,对于鉴定留置的适用条件,在决定适用此措施之前必须听取鉴定人、辩护人意见,同时,鉴定留置措施只能适用于具有重大犯罪嫌疑的被指控人。再次,应明确规定对犯罪嫌疑人精神病鉴定的期间,在对犯罪嫌疑人精神病鉴定的期间不计羁押期限的基础上,明确犯罪嫌疑人精神病鉴定的时间,应当能够折抵刑期。     

英美两国对精神病人刑事责任能力评判的演变

司法精神病学是法学的一个分支学科,其诞生和演变与法学的主旋律始终保持一致。精神障碍者刑事责任能力问题是司法精神病学的主要构成部分,英国1843年的麦克·纳顿条例是专门就精神障碍者刑事责任能力问题的法律规定,它对英美法系和大陆法系国家的相关立法都产生了巨大深远的影响。美国最近20多年处理违法精神病人的法律改革对现代诸国的司法精神病学完善具有相当大的影响力,所以研究英美两个国家这一方面的司法精神病学的历史和现状对推动我国司法精神病学的进步意义重大。     

法医精神病学能力验证相关问题探讨

能力验证是利用实验室间比对,按照预先制定的准则评价参加者的能力,是世界各国用以评价和保障实验室/机构能力所采用的重要手段.在我国司法鉴定领域,能力验证已逐渐成为执业管理、监督管理的重要手段.根据管理部门的要求,司法鉴定机构应通过参加能力验证活动证明其具有相应的技术能力,并作为内部质量控制、发现问题和持续改进的重要途径.作为公认的主观性较强、风险较高的司法鉴定行业,在法医精神病专业开展能力验证活动更具必要性与迫切性.近几年的运作尝试也表明,在本专业开展能力验证活动是可行的,评价结果亦是行业技术水平的真实反映.但在项目设计与运作上还有完善空间,如样本与物品制备可真实、完备些,可争取更大的技术指导与示范引导作用,应合理控制考核难度,并增强专家公议结果的可靠程度、可接受性,且运作方式应更灵活、多样.参加机构应提高对能力验证的认识,加强业务培训,科学对待;作业时严格遵守作业要求,通读懂材料,寻找关键点,并注重要点与逻辑性,反馈结论要尽量明确、唯一,争取较满意评价结果.     

新冠疾病对法医精神病鉴定的挑战与思考

新冠疾病(COVID-19)传染性强,潜伏期长,已在全球快速蔓延,给司法鉴定带来新的挑战.本文对COVID-19疫情下法医精神病鉴定的日常工作相关环节如何避免感染,COVID-19导致的器质性与功能性精神损伤特点及其损伤/伤残评定,COVID-19与精神卫生医疗机构医疗纠纷的防范及法医学鉴定思路等方面进行了探讨,并提出...     

刑事诉讼中法医精神病鉴定争议的反思与理论诠释

法医精神病鉴定在一些重大刑事案件中持续成为舆论关注的焦点。不论法医精神病鉴定启动与否均会陷入被质疑的困境。这既存在制度安排的问题,也存在鉴定本身的问题,还存在凭直觉判断的问题,更存在理论误导的问题。这些问题叠加在一起衍生了较为复杂的中国性问题。这一复杂问题的解决,需要合理配置启动法医精神病鉴定程序的权力(利),科学对待法医精神病鉴定本质,尊重法医精神病鉴定的医学认定,正确使用法医精神病鉴定意见中的刑事责任能力判断,在正当程序中维护法医精神病鉴定的科学性。对于非制度问题需要正确的理论诠释,避免因实践难题与理论缺陷交织触发一些不具有实质意义的纷争和枉顾科学的呼吁。     

The forensic psychiatrist of the future

The rate of change in scientific knowledge and the growing psychiatric sophistication of attorneys and courts have made it increasingly difficult for forensic psychiatrists to retain proficiency in the full spectrum of potential professional activities. As the consumers of forensic services become more sophisticated, forensic psychiatrists have an increasing need to become scientifically informed and a decreasing need to become legally informed. Traditional training in forensic psychiatry, which emphasizes clinical, legal, and institutional knowledge and experience, gives short shift to behavioral science and other technical knowledge that can enhance the validity of forensic assessments and their value to the legal system and society. Forensic psychiatrists can best respond to these changes and maximize the value of their assessments by narrowing their focus to some subset of the four branches of the discipline: criminal behavior, mental disability, forensic child psychiatry, and legal aspects of psychiatric practice. Maximal proficiency in each of these four branches requires a greater depth of knowledge and experience than was once sufficient among those who practiced in all four areas. Fellowship training programs and professional organizations should lead forensic psychiatry into the twenty-first century by organizing their efforts along these four parallel tracks.     

Forensic child psychiatry: an emerging subspecialty

Forensic child psychiatry emerged as a subspecialty in the early 1900s. Although there are still few formal training programs, a core curriculum of training and experience is described.     

Assessing reliability, validity, and clinical utility of the BEST-Index in measuring living skills among forensic inpatients

The assessment of behavioral change as a result of inpatient treatment in forensic psychiatry is an important precondition for violence risk prediction in forensic psychiatry. In relation to a multitude of diagnostically based risk assessment instruments, there is a shortage of appropriate instruments with which to carry out valid and reliable therapeutic assessments that are behaviorally based and therefore appropriate for use within varied psychiatric contexts. There is also a need for instruments which will offer assessors the opportunity to examine possible relationships between criteria of social risk and criteria of more general aspects of social functioning. Tapping the issues pointed out above, the authors present an overview of a normatively based social profiling instrument (the BEST-Index), and discuss evidence for its validity, reliability, and aspects of clinical utility.     

Who's afraid of forensic psychiatry?

Forensic psychiatry has come under mounting criticism from the press and other medical professionals, largely for its participation in the insanity defense. The author argues that the expertise available from the specialty is of increasing importance to psychiatry as a whole, as more and more legal issues become relevant to the practice of general psychiatry, and should be actively encouraged and legitimized rather than ostracized. All psychiatrists should be exposed to forensic principles and practices during their training, and the ability of forensic psychiatrists to serve as transducers between the clinical and the legal/judicial should be increasingly used to present the clinical viewpoint effectively in courts and legislatures.     

Patient perceptions of schizophrenia in forensic and general adult psychiatry

This study explores the illness perceptions of patients with schizophrenia in forensic settings and contrasts their views with those of a general adult psychiatry sample. It was hypothesised that forensic psychiatric patients would have more negative illness beliefs than general adult patients. A cross-sectional survey was used. Forty forensic patients and 32 general adult patients with schizophrenia were recruited. They completed the Illness Perception Questionnaire for Schizophrenia (IPQS), a valid and reliable measure of illness perceptions in mental health problems. Forensic patients perceived their illness to be less chronic, less cyclical, and had a lower negative emotional response to illness. Our results did not support our original hypothesis and possible reasons are explored. Acknowledging patient’s views when formulating management plans could permit more effective individually tailored treatment.     

The future of parenting plan evaluations: A view from the trenches

As expectations rise for parenting plan evaluators to be well-trained, skilled, and knowledgeable in numerous subject areas, and scrutiny of evaluators' work intensifies, the pool of qualified evaluators is shrinking nationwide. The future of parenting plan evaluation as a forensic subspecialty relies upon the availability of competent and committed professionals to do this challenging work, yet few are entering the field. Five experienced parenting plan evaluators from various regions of the United States, including the authors, met for a roundtable discussion to ponder the future of parenting plan evaluations. The panel discussed what drew them to the work, their experiences “in the trenches,” and what has kept them committed to doing evaluations despite daunting challenges. Their views of the rewards and risks of doing the work, barriers and disincentives to newcomers entering the field, recommendations to new evaluators, and outlook for the future are presented.     

The concept of free will and forensic psychiatry

This text examines how conceptions of free will impact on legal systems and forensic psychiatry: free will is generally regarded as a prerequisite for responsibility, criminal responsibility included, while forensic psychiatry to a large extent deals with the limits imposed on responsibility by mental disorder. First we discuss the question of whether there is and has been such an impact. The answer is yes: different conceptions of free will have inspired different systems of law and forensic psychiatry, as becomes clear when looking at the accountability doctrine as compared to the unique Swedish system rejecting this doctrine. However, there is no necessary connection between doctrines of responsibility and conceptions of free will, since the former primarily says something about when someone should be held responsible and the latter says something about when someone really is free in a sense relevant to responsibility. This leads to the second question: should conceptions of free will have an impact on law and forensic psychiatry? We argue: that they should not, given the implausibility the normative theory retributivism, which posits a direct connection between free will and punishment. More importantly, questions of free will are complicated and unresolved philosophical issues that are better left out of the everyday decision-making incumbent on the legal and psychiatric systems. Instead, we recommend using an empirically useful and gradual conception of autonomy to facilitate the determination of legal responsibility. This autonomy conception, being neutral on the question of free will, eliminates the need to take a stand on it.     

The use of cadaver dogs in locating scattered, scavenged human remains: preliminary field test results

Specially trained air scent detection canines (Canis familiaris) are commonly used by law enforcement to detect narcotics, explosives or contraband, and by fire investigators to detect the presence of accelerants. Dogs are also used by police, military, and civilian groups to locate lost or missing persons, as well as victims of natural or mass disasters. A further subspecialty is "cadaver" searching, or the use of canines to locate buried or concealed human remains. Recent forensic investigations in central Alberta demonstrated that the use of cadaver dogs could be expanded to include locating partial, scattered human remains dispersed by repeated animal scavenging. Eight dog-and-handler teams participated in a two-month training program using human and animal remains in various stages of decay as scent sources. Ten blind field tests were then conducted which simulated actual search conditions. Recovery rates ranged between 57% and 100%, indicating that properly trained cadaver dogs can make significant contributions in the location and recovery of scattered human remains.