在刑事法医神经心理学的能力相关评估的宪法和司法基础
1Missouri Memory Center, Neurology and Headache Center, Citizens Memorial Hospital, 1245 North Butterfield, C-1, Bolivar, MO, USA.
概括
临床神经心理学家必须了解法律和宪法框架,才能就刑事能力案件进行咨询. 这需要熟悉司法系统,心理健康法以及诸如"达斯基诉美国"等具有里程碑意义的裁决.
科学领域:
- 法医心理学 法医心理学
- 神经心理学 神经心理学
- 法律心理学 法律心理学
背景情况:
- 伦理准则要求临床神经心理学家在实践之前熟悉法医咨询.
- 在刑事案件中进行诉讼的能力需要超出标准临床实践的专业知识.
研究的目的:
- 为咨询刑事能力评估的临床神经心理学家提供基础知识.
- 概述与法医神经心理学相关的基本法律和宪法概念.
主要方法:
- 对刑事司法系统的审查.
- 检查相关的美国宪法修正案 (第一,第五,第六,第十四).
- 分析关键的心理健康案例法,包括达斯基诉美国.
主要成果:
- 美国宪法修正案保护被告的权利,包括正当程序和律师.
- 诉讼能力是对被告协助辩护的能力的法律决定.
- 达斯基诉美国案 (Dusky v. United States) 认为,被告必须有理性和事实上的理解才能咨询律师,而缺陷归因于精神疾病或缺陷.
结论:
- 临床神经心理学家必须获得专业知识,以便在刑事法医案件中进行伦理咨询.
- 了解法律制度,宪法权利和相关的判例对于在这个领域的能力至关重要.
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