Abstract

http://ssrn.com/abstract=1891971
 


 



A Healer or an Executioner? The Proper Role of a Psychiatrist in a Criminal Justice System


Gregory Dolin


University of Baltimore - School of Law

March 1, 2002

Cleveland-Marshall College of Law Journal of Law and Health, Vol. 17, No. 2, pp. 169-216, 2002-03

Abstract:     
This article argues that despite the benefits of ridding the criminal justice system of some uncertainty and ignorance with respect to mental health issues, the very close involvement of psychiatrists in the criminal justice system as practiced in the United States is not only illogical and bad policy, but also unethical from the viewpoint of medical ethics.

Part II of this article will lay the groundwork for the argument by discussing the history of the insanity defense, and of science's involvement with criminal justice; while Part III, will look into the association of science and the administration of justice in the modem world. Part IV will argue that the alternative methods of linking psychiatry and the criminal justice system, such as independent expert panels, do not solve the fundamental problem of psychiatrists working beyond their ethical boundaries. Finally, Part V will focus on the ethical principles that should guide a psychiatrist in his involvement with the judiciary.

Number of Pages in PDF File: 49

Keywords: criminal justice system, psychiatry, psychiatrists, expert witnesses, insanity defense, medical ethics, mentally ill, science of medicine, criminally insane, questions of morality, battle of the experts

JEL Classification: K14, K19, K39, K49, I19

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Date posted: July 22, 2011  

Suggested Citation

Dolin, Gregory, A Healer or an Executioner? The Proper Role of a Psychiatrist in a Criminal Justice System (March 1, 2002). Cleveland-Marshall College of Law Journal of Law and Health, Vol. 17, No. 2, pp. 169-216, 2002-03. Available at SSRN: http://ssrn.com/abstract=1891971

Contact Information

Gregory Dolin (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
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