Quick Search:

is currently disabled due to reindexing of the ZORA database. Please use Advanced Search.
uzh logo
Browse by:
bullet
bullet
bullet
bullet

Zurich Open Repository and Archive 

Permanent URL to this publication: http://dx.doi.org/10.5167/uzh-47279

Phulmann, P; Habermeyer, E (2010). Die Sachverständigenexpertise im Spannungsfeld zwischen Justiz und Psychiatrie am Beispiel des Hangbegriffes des § 66 StGB (Sicherungsverwahrung). Forensische Psychiatrie, Psychologie, Kriminologie, 4(1):39-47.

[img] PDF - Registered users only
1MB

Abstract

Using the example of psychiatric expert opinions
in trials leading to preventive detention, we analysed
how far the corresponding orders by the courts were suited
to guide the psychiatric experts and restrict them to their
area of expertise. Furthermore we concentrated on the
question, what reasons were given for preventive detention
on both psychiatric and judicial side and how psychiatric
arguments were adopted by the judges. Our results show
clearly, that placing an order with the psychiatric expert as
well as adopting the psychiatric arguments for preventive
detention occur mainly in a stereotypic way. Psychiatric
and judicial arguments for preventive detention refer both
to previous delinquency. Aspects concerning the offenders
personality appear to be secondary, although they play a
major role in the decision for preventive detention. The
article shows the controversy associated with forensic-psychiatric
expertise in the courtroom and the need for communication
and clarification between psychiatry and law.

Other titles:Areas of conflict between law and psychiatry – illustrated using the example of the term “Proclivity” of section sign 66 German criminal code (preventive detention)
Item Type:Journal Article, refereed, original work
Communities & Collections:04 Faculty of Medicine > Psychiatric University Hospital Zurich > Clinic for Psychiatry, Psychotherapy, and Psychosomatics
DDC:610 Medicine & health
Language:English
Date:2010
Deposited On:01 Mar 2011 15:28
Last Modified:23 Nov 2012 16:31
Publisher:Springer
ISSN:1862-7072
Free access at:Publisher DOI. An embargo period may apply.
Publisher DOI:10.1007/s11757-009-0030-2
Citations:Google Scholar™
Scopus®. Citation Count: 4

Users (please log in): suggest update or correction for this item

Repository Staff Only: item control page