Forensic Psychiatry, Institute of Neuroscience and Physiology, the Sahlgrenska Academy, University of Gothenburg, Sweden.
Int J Law Psychiatry. 2009 Nov-Dec;32(6):400-7. doi: 10.1016/j.ijlp.2009.09.010. Epub 2009 Oct 1.
The development of forensic psychiatric risk assessments is discussed from a clinical point of view using the example of Sweden. A central task in forensic psychiatry has traditionally been to identify dangerous, mentally disordered subjects considered to be prone to commit violent acts. Over time, "dangerousness" has been reworded into "risk". Nevertheless, such assessments have generally been based on the psychiatric factors characterising the individual patient, while group interaction, situational factors, or social and cultural circumstances, such as the availability of alcohol and drugs, have been largely overlooked. That risk assessments have a focused on people with a diagnosis of "mental disorder" and been used as grounds for coercive measures and integrity violations has somehow been accepted as a matter of course in the public and political debate. Even the basic question whether offenders with a mental disorder are really more prone to criminal recidivism than other offenders seems to have been treated light-handedly and dealt with merely by epidemiological comparisons between groups of persons with broad ranges of psychosocial vulnerability and the general population. Legal texts, instructions and guidelines from the authorities in charge are often vague and general, while actors in the judicial system seem to put their trust in psychiatric opinions. The exchange of professional opinions, general public expectations, and judicial decision processes poses a huge risk for misunderstandings based on divergent expectations and uses of terminology.
从临床角度出发,以瑞典为例探讨法医精神病学风险评估的发展。法医精神病学的一项核心任务是识别被认为有暴力行为倾向的危险、精神障碍的主体。随着时间的推移,“危险性”已被重新表述为“风险”。然而,此类评估通常基于个体患者的精神因素,而群体互动、情境因素或社会文化环境(如酒精和毒品的可用性)在很大程度上被忽视。风险评估集中在被诊断为“精神障碍”的人群上,并被用作强制措施和侵犯完整性的依据,这在公众和政治辩论中似乎已经被理所当然地接受了。即使是关于精神障碍罪犯是否真的比其他罪犯更容易再次犯罪的基本问题,似乎也被轻率地对待,只是通过对具有广泛社会心理脆弱性的人群与一般人群进行群体间的流行病学比较来处理。主管当局的法律文本、指示和准则往往含糊笼统,而司法系统中的行为者似乎信任精神病学意见。专业意见的交流、公众的普遍期望以及司法决策过程给基于不同期望和术语使用的误解带来了巨大风险。