Madness and crime: Historical perspectives on forensic psychiatry

Oosterhuis, Harry; Loughnan, Arlie

doi:10.1016/j.ijlp.2013.09.004

Cited by 30 publications

(6 citation statements)

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“…The essence of forensic psychiatry can be related to the assessment and treatment of people with mental disorders, which can entail an interface between two worlds that identify and regulate deviancy, that is, mental health and the law (Gordon & Lindqvist, 2007 ). There are different levels of security in forensic psychiatric settings (maximum, high, medium, and low), and the organization can differ between countries in terms of legislation and placement for care (Ogloff, Roesch, & Eaves, 2000 ; Oosterhuis & Loughnan, 2014 ; Salize, Dressing, & Gordon, 2007 ). The patients suffer from severe mental disorders and have most often committed a crime.…”

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confidence: 99%

Caring potentials in the shadows of power, correction, and discipline—Forensic psychiatric care in the light of the work of Michel Foucault

Hörberg

Dahlberg

2015

International Journal of Qualitative Studies on Health and Well

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The aim of this article is to shed light on contemporary forensic psychiatric care through a philosophical examination of the empirical results from two lifeworld phenomenological studies from the perspective of patients and carers, by using the French philosopher Michel Foucault's historical–philosophical work. Both empirical studies were conducted in a forensic psychiatric setting. The essential results of the two empirical studies were reexamined in a phenomenological meaning analysis to form a new general structure in accordance with the methodological principles of Reflective Lifeworld Research. This general structure shows how the caring on the forensic psychiatric wards appears to be contradictory, in that it is characterized by an unreflective (non-)caring attitude and contributes to an inconsistent and insecure existence. The caring appears to have a corrective approach and thus lacks a clear caring structure, a basic caring approach that patients in forensic psychiatric services have a great need of. To gain a greater understanding of forensic psychiatric caring, the new empirical results were further examined in the light of Foucault's historical–philosophical work. The philosophical examination is presented in terms of the three meaning constituents: Caring as correction and discipline, The existence of power, and Structures and culture in care. The philosophical examination illustrates new meaning nuances of the corrective and disciplinary nature of forensic psychiatric care, its power, and how this is materialized in caring, and what this does to the patients. The examination reveals embedded difficulties in forensic psychiatric care and highlights a need to revisit the aim of such care.

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confidence: 99%

Caring potentials in the shadows of power, correction, and discipline—Forensic psychiatric care in the light of the work of Michel Foucault

Hörberg

Dahlberg

2015

International Journal of Qualitative Studies on Health and Well

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“…The modern school of criminal law, headed by the Austrian-German lawyer Franz von Liszt, and supported by lawyers in other European countries, advocated the centrality of social defence, the protection of society against criminals and the prevention of crime, instead of the classical legal principles of equal punishment for similar crimes. For the modern school of criminal law the perpetrator’s motives and personality became important in order to assess his dangerousness and the punishment, security measures or medical treatment to be meted out ( Oosterhuis, 2014a : 7–8).…”

Section: The Origins Of Psychoanalytic Criminology In Germany and Austriamentioning

confidence: 99%

Infanticide and the influence of psychoanalysis on Dutch forensic psychiatry in the mid-twentieth century

Ruberg

2021

Hist Psychiatry

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This article demonstrates how psychoanalytic thought, especially ideas by Adler, Reik, Deutsch, and Alexander and Staub, informed forensic psychiatry in the Netherlands from the late 1920s. An analysis of psychiatric explanations of the crime of infanticide shows how in these cases the focus of (forensic) medicine and psychiatry shifted from somatic medicine to a psychoanalytic emphasis on unconscious motives. A psychoanalytic vocabulary can also be found in the reports written by forensic psychiatrists and psychologists in court cases in the 1950s. The new psychoanalytic emphasis on unconscious motives implied a stronger focus on the personality of the suspect. This article argues that psychoanalysis accelerated this development in the mid-twentieth century, contributing to the role of the psy-sciences in normalization processes.

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“…However, since 1990 radical changes have been implemented in the former-communist states, a fact which has been descripted as a “return” to the civil law legislation. There is however an ongoing debate, whether judicial and administrative structures instituted during the communist era continued to alter the forensic assessment ( 54 ). The evaluation of fitness to stand trial is mentioned in many former communist countries.…”

Section: Introductionmentioning

confidence: 99%

Impact of Legal Traditions on Forensic Mental Health Treatment Worldwide

2022

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BackgroundForensic psychiatry is a subspecialty dealing with the diagnosis and treatment of mentally ill offenders. However, forensic treatment standards vary. Differences arise among forensic treatment standards, due to variations in either the legal framework, the general psychiatric treatment standards, or the forensic training standards. Thus, to date there is no evidence-based pattern for how forensic services should be organized and provided.AimsThe aim of this article is to compare forensic services in various countries in order to contribute to the current debate on international forensic treatment standards, by informing about existing differences in available policies.MethodsThis scoping review was conducted by reviewing the academic literature regarding forensic treatment around the world. Studies were identified from Pub-Med and Google-Scholar. Keywords for the search included “forensic psychiatry,” “mentally ill offenders,” “legal framework,” “jurisdiction,” and the names of geographical regions.ResultsForensic treatment admission varies significantly around the world. There are countries that do not recognize forensic psychiatry as a subspecialty, whereas other countries apply insufficient forensic training. Most countries provide inpatient treatment for mentally ill offenders. However, service organization varies, including where the services are delivered (prisons, high-security hospitals, and general psychiatric departments). Forensic services are mainly centralized, although the need for outpatient care is emerging.DiscussionDifferences may originate mainly from variations in the legal tradition. These differences combined with the limited evidence on the effectiveness of the intervention imply the need for the optimization of forensic treatment standards on an international level. Therefore, further follow-up studies are needed.

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Madness and crime: Historical perspectives on forensic psychiatry

Cited by 30 publications

References 50 publications

Caring potentials in the shadows of power, correction, and discipline—Forensic psychiatric care in the light of the work of Michel Foucault

Caring potentials in the shadows of power, correction, and discipline—Forensic psychiatric care in the light of the work of Michel Foucault

Infanticide and the influence of psychoanalysis on Dutch forensic psychiatry in the mid-twentieth century

Impact of Legal Traditions on Forensic Mental Health Treatment Worldwide

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