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[Some problems in forensic assessment]
1Oberstes Gericht Deutschen Demokratischen Republik-Kollegium für Strafrecht.
Psychiatrie, Neurologie, Und Medizinische Psychologie
|November 1, 1988
Summary
Establishing criminal accountability requires evidence beyond doubt, not mere probability. Forensic psychiatric and psychological expertise is crucial for evaluating an offender's capacity to discern right from wrong, considering all contributing factors.
Area of Science:
- Forensic Psychiatry
- Legal Psychology
- Criminal Law
Context:
- Legal fact-finding demands unbiased evidence and certainty for criminal accountability.
- Court decisions on criminal responsibility must exceed reasonable doubt.
- High standards of forensic psychiatric and psychological competence are essential.
Purpose:
- To emphasize the necessity of rigorous evidence evaluation in criminal cases.
- To highlight the importance of expert psychiatric and psychological assessments in determining criminal accountability.
- To advocate for deeper research into the complex factors influencing an individual's capacity to distinguish right from wrong.
Summary:
- Criminal accountability requires evidence established beyond doubt, with probability being insufficient for conviction.
- Expert opinions must assess the accused's capacity to differentiate right from wrong, considering the offense's nature and combined determining factors.
- Further research is needed into factors like alcohol's influence, impulse, mental deficiency, and psychopathological processes affecting criminal responsibility.
Impact:
- Ensures a higher standard of justice by demanding certainty in criminal convictions.
- Improves the reliability of psychiatric and psychological evaluations in legal proceedings.
- Guides future research to better understand the multifaceted determinants of criminal behavior and accountability.