Law and Medicine

Abstract

Some standard conflicts seem to appear again and again in the relationship between law and medicine. Lawyers are accused of showing undue concern for the past, for formalities, for retribution, and for deterrence, as well as having a basic lack of skill in the handling of human needs. Medical people are accused of disregarding law and the needs of society, and also of often overstepping individual rights in their eagerness as “good-doers.” Imperialists within both camps demand more scope for their particular approach. Delinquents, drinkers, psychopaths, or drug abusers—a continuous battle rages between these major professions as to whom these problems belong. There are property claims in human and social problems as well as in land.

Police Culture: Histories, Orthodoxies, and New Horizons

“…In many respects, this was understandable. For the majority of academics writing in this area at that time, Nils Christie's (1971) call for academics to engage in problem-raising rather than problem-solving had been embraced with the net result that much academic focus criticised police practice rather than providing solutions. And whilst the work of Christie and others reminds us of the real importance of criticality in our research into policing, we must likewise be aware that there is a need to be clear that criticality has become a somewhat contested term.…”

Controversy concerning the criminal justice system and its implications for the role of mental health workers.

“…In the process, the concept of the mental health worker as a helper of persons takes a dreadful beating. We come off, instead, as wanting a piece of the legal action (Christie, 1971), ill-informed and judgmental (Szasz, 1963), sloppy in thought and hasty in action (Kittrie, 1971), or unreflective and mildly sadistic (Spece, 1972). It would be wise to take close heed of the main points raised by these writers.…”

Careers in forensic psychology.

“…In addition to having more and better trained psychologists in the criminal justice field so that the above functions can be performed more adequately, we feel it especially important for psychologists to be active in reforming the criminal justice system. Areas suggested as being ripe for reform are (a) modifications of substantive criminal law; (b) modification of the police role; (c) bail reform; (d) development of community-based corrections; (e) prison reform; ( f ) training and employment of paraprofessionals, for example, line staff and ex-offenders, in corrections; (g) limitation of possible encroachments by psychology and psychiatry on civil liberties; (h) psychological and psychiatric testimony; (i) employee selection, job analysis and description, and performance evaluation; (j) aptitude and attitude measurement in the legal system; and (k) role of mental health professionals as consultants in the criminal justice system (American Friends Service Committee, 1971;Bard, 1969Bard, , 1970Barocas, 1971;Brodsky, 1972d;Christie, 1971;Ennis & Litwack, 1974;Fenster, Litwack, & Symonds, 1975;Gottfredson, 1970;Kittrie, 1971;Litwack, 1974, Miller, 1972Nietzel & Moss, 1972;Reiff, 1970;Silber, 1974;Spece, 1972;Szasz, 1963;Twain et al, 1972;Ziskin, 1975). While psychologists have shown diminished interest in the criminal justice system since 1950, the decline in psychological research in justice problems has begun to reverse itself (Brodsky, 1972b).…”