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- Title
PSYCHIATRIC AND PSYCHOLOGIC OPINIONS IN COURT.
- Authors
Eliasberg, Wladimir
- Abstract
The article focuses on psychiatric and psychological opinions in court. If one can prove to the satisfaction of the jury that the perpetrator at the time of the commitment of the crime had been suffering from paresis or schizophrenia, then there should be no problem for the jury. It is not necessary to describe the paretic or schizophrenic personality and to show how the deed has sprung up within the pathological personality. It is sufficient that there is some pathological inadequacy of motivations or lack of such motivations: pathological is just what is inadequate in the premorbid personality. There can be no partial responsibility where there is true psychosis. The psychological opinion on the other hand is directed either toward an individual in his singularity or to the general type of reactions, sensations, perceptions to which the individual's reactions belong. In the first case the psychologist makes an individual character or personality diagnosis, in the second the diagnosis of a general type of reactions. But for both purposes what the psychologist does differs also logically from what the psychiatrist is expected to do.
- Subjects
JUDICIAL opinions; PSYCHOSES; PSYCHOLOGY; PERSONALITY; TRIALS (Law); SCHIZOPHRENIA
- Publication
Journal of Criminal Law & Criminology (08852731), 1948, Vol 39, Issue 2, p152
- ISSN
0885-2731
- Publication type
Article
- DOI
10.2307/1138145