Book Review: Psychiatry in Court: The Use of Psychiatric Reports in Court Proceedings
| Author | Marcus Niski |
| Published date | 01 June 1995 |
| DOI | 10.1177/000486589502800208 |
| Date | 01 June 1995 |
| Subject Matter | Book Reviews |
Book Reviews 223
19th centuries that was so eager to reform the processes of punishment but
could not then ask questions about the causes of crime. Similarly (p 86), if
Quetelet did indeed assume that crimes against the person were more serious
than crimes against property, how did it then come about that by the end of the
19th century, it seems absolutely certain that crimes against property were
thought to be much more of a danger? (see eg Radzinowicz and Hood's
History
of
English Criminal Law, vol 5). The structure of the book begs
discussion of such questions. Nonetheless, its overall effect is such that it
should be a valuable and thoughtful contribution to studies of the history of
criminology.
John Pratt
Wellington
Psychiatry in Court:
The
Use of Psychiatric Reports in
Court
Proceedings, Peter Shea, The Institute of Criminology Monograph Series, No
3, Sydney University Law School, Sydney, 1993
Various longstanding criticisms surround the usefulness, objectivity and
reliability of psychiatric evidence in court. While some of these criticisms may
be legitimate, many of the problems surrounding the use of psychiatric
evidence are compounded by the demands of the adversarial process and the
ideological gulf which exists between lawyers and psychiatrists. Indeed the
differing objectives of law and psychiatry are bound to collide as psychiatrists
are called upon to give opinions which are necessarily based on abstract
language and subjective judgment.
Using the problem of the language of psychiatry as a starting point, section
A begins with an analysis of some of the problems associated with use of
descriptive and labelling terms used in mainstream psychiatry and the major
constructs associated with psychiatric diagnosis. Having mapped out some of
the important terminology, the disorders of schizophrenia, depression and
psychopathy are examined with reference to their historical evolution and
their relevance within the domain of forensic psychiatry.
Section B (The Assessment) discusses the forensic concept of patient
assessment as distinct from assessment in the context of general psychiatry.
Here, the author seeks to highlight the differences between the two regimes
and to identify the ways in which forensic practice is open to distortion and
manipulation by the demands placed upon it by the adversarial process. Much
of the strength of this monograph rests on Shea's impressive ability to identify
the sources of conflict and to point out particular pitfalls which could possibly
be avoided by forensic practitioners.
The remaining chapters in sections C and D consider a number of vexed
questions in psychiatry including the connection between mental disorder and
criminal activity, the controversial concept of dangerousness and the
prediction of future dangerous behaviour by psychiatrists.
On the whole I found this work particularly appealing both in its healthy
degree of scepticism and its lucid and concise approach to the issues. The
writer's honest and unguarded criticism that much of the language of
psychiatry is confused and based on words which have 'multiple theoretical
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