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Forensic mental health expert testimony and judicial decision-making: A systematic literature review
شهادت متخصص سلامت روان پزشکی قانونی و تصمیم گیری قضایی: یک بررسی ادبیات سیستماتیک-2020 Forensic mental health expertise (FMHE) is an important source of information for decision-makers in the
criminal justice system. This expertise can be used in various decisions in a criminal trial, such as criminal
responsibility and sentencing decisions. Despite an increasing body of empirical literature concerning FMHE, it
remains largely unknown how and to what extent this expertise affects judicial decisions. The aim of this review
was therefore to provide insight in the relationship between FMHE and different judicial decisions by synthesizing
published, quantitative empirical studies. Based on a systematic literature search using multiple online
databases and selection criteria, a total of 27 studies are included in this review. The majority of studies were
experiments conducted in the US among mock jurors. Most studies focused on criminal responsibility or sentencing
decisions. Studies concerning criminal responsibility found consistent results in which psychotic defendants
of serious, violent crimes were considered not guilty by reason of insanity more often than defendants
with psychopathic disorders. Results for length and type of sanctions were less consistent and were often affected
by perceived behavioral control, recidivism risk and treatability. Studies on possible prejudicial effects of FMHE
are almost non-existent. Evaluation of findings, limitations and implications for future research and practice are
discussed. Keywords: Forensic mental health expertise | Judicial decision-making | Review |
مقاله انگلیسی |
2 |
Crushed by the Belgian system: Lived experiences of forensic care trajectories by persons labelled as not criminally responsible
خرد شده توسط سیستم بلژیکی: تجربیات زندگی در مسیرهای مراقبت های پزشکی قانونی توسط افراد دارای برچسب جنایی که مسئولیت کیفری ندارند-2020 Background: Care trajectories of Persons labelled Not Criminally Responsible (PNCR) are often characterized by
multiple transitions from one (forensic) mental health service to another and by long periods of admission. So
far, little research has been conducted on forensic care trajectories, in particular on how PNCR perceive the
trajectories they are subjected to.
Method: Data were obtained via semi-structured interviews (N = 23) with PNCR in various (forensic) mental
health services in Belgium. A maximum variation sampling strategy was applied to recruit a heterogeneous
group of PNCR and inductive thematic analysis adopted to analyse the data.
Results: PNCRs experiences about care trajectories in Belgium are marked by an absent voice and passive position
in the decision-making process in addition to a lack of support during transitions. Barriers for admission in
(forensic) mental health services and the indeterminate duration of care trajectories contribute to overall negative
lived experiences.
Conclusion: Although some findings are interchangeable with general mental health care, PNCRs care trajectories
differ by their undetermined nature, barriers for accessing care and power dynamics in compulsory forensic
care. As concepts from prison sociology, such as tightness, power holders and pain of indeterminacy, seem
to be equally relevant for the situation of PNCR, the balance between a criminal justice and mental health
approach in forensic mental health care is questioned. Keywords: Forensic mental health | Forensic psychiatry | Persons labelled not criminally responsible | Forensic care trajectories | Service user perspective | Lived experiences |
مقاله انگلیسی |