Biomedical subjects
Publications and source records attributed to I Barbey.
Frequently, the legal capacity of a person and fitness to be remanded to custody have to be examined by a medicolegal expert. Differences exist between legal capacity in criminal cases (competency to stand trial) and civil cases (capacity to sue and to be sued). Hence, a review is given for conducting practical work in the medicolegal field.
A retrospective study on a hit-and-run group of drivers is reported. In comparison with a control group the study did not reveal special characteristics of these offenders. Mechanisms responsible for a driver leaving the place of a traffic accident are discussed. With reference to driver's escape psychogenic reactions and alcoholic intoxication often are observed, while (post-traumatic) twilight states and brief reactive psychosis are extremely rare events. Intensity of psychological disturbance during the offence may be assessed by criteria for evaluating responsibility of offenders with crimes of passion.
Psychiatrists working in forensic fields are confrontated with different ethical problems. In the following some problems are discussed. At present there is no need of special ethical guidelines for the German forensic psychiatrist.
A retrospective study on 362 criminal responsibility reports showed a high proportion of accused persons claiming amnesia for the offence. Subjects of the amnesic group were compared with a non-amnesic control group. Statistically significant relations were found between amnesia and sex, imprisonment, nature of the offence, exogenous factors and psychogenic disturbances. Results of this study and of other published studies confirm the problems in differentiating etiology of amnesia after criminal offences. Valid and reliable diagnostic techniques especially for detecting simulated amnesia are missed. Misconceptions about amnesia are still widespread among judges, lawyers and offenders. Because amnesia occurs after crime it is not necessary for assessing criminal responsibility.
Forensic psychiatry as a subspecialty variously differs from general psychiatry. Therefore psychiatrists working in forensic psychiatry are confronted with ethical problems of other kind. In the following several ethical problems connecting with forensic psychiatric examination are pointed out. Finally the question is discussed, whether there is a need of special ethical guidelines for forensic psychiatry.
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