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1 J. Forensic Psychiatry & Psych. 1 (1990)

handle is hein.journals/jnlofncpy1 and id is 1 raw text is: 







FORENSIC PSYCHIATRY


The scope of forensic psychiatry


                       ROGER ORMROD




It is a pleasure to have the opportunity of welcoming the arrival of the new
Journal of Forensic Psychiatry. It will fill a real gap and will help to define and
consolidate the sub-speciality, as well as stimulating research.
  The  addition of the word 'forensic' to the name of any scientific discipline
inevitably, to some extent, changes its philosophy. Its primary role or objective
becomes  the advancement of the cause of justice in a court-setting ('forum'), by
making  available to the court the skills, knowledge, and techniques developed by
the discipline. This means that practitioners must know, understand, and respect
some  of the philosophical tenets of the judicial system within which they are
operating, and its rules of evidence and procedure. This may entail considerable
adaptation to the  new  situations without, of course, compromising  their
scientific integrity.
  There  is, unfortunately, ample scope for misunderstanding and confusion.
Some  of the basic terminology is common to both scientific and legal disciplines
but the words are used in different senses.
  Words   like 'evidence', 'proof', and 'probability' are in constant use in both
disciplines but convey significantly different meanings. These differences reflect
the different function each discipline exists to fulfil. It is important that each side
should understand the limitations within which the other has to work.
  For example, courts have to make definitive decisions of the 'yes' or 'no' type,
i.e. 'guilty' or 'not guilty', within the comparatively short time-scale of a trial
(negotiated in England and without the escape route of the 'not proven' verdict
which  is available in Scotland). Nor can the decision be deferred for further
investigation or re-checking of the data. There is the further complication that in
serious criminal trials the decision is made by a jury of twelve randomly selected
men  and women,   directed by the judge but not led by him or her. This is,
perhaps, an early and crude attempt to eliminate observer error!
  To  cope with these difficulties and, as it were, to process the data into a form
which makes  decisions of this type possible, generations of judges have evolved

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