Everyone knows a psychiatrist, the one who has to look inside your head. But what does it do in our justice system? A question that may sound quite strange, but every court case involving a crime or crime has one. How does he work and what should he do in a lawsuit?
What does a court psychiatrist do?
A court psychiatrist is appointed by an investigating judge (the person who must lead the investigation and is responsible for the investigation). Together with another court psychiatrist, they must find out whether the suspect knew what he was doing at the time of the facts. A psychologist is also called in to discover the character. Due to a lack of money and cutbacks, the number of legal psychiatrists has been increased from 3 to 2. Also because it is a bottleneck profession, it will be difficult in the future to keep 2 legal psychiatrists per legal case. A court psychiatrist must above all remain neutral so as not to influence his objectivity.
A psychiatrist mainly listens to the life story and makes personal contact with the suspect. This way they can deduce whether a possible disorder has a link with the facts. A psychologist must find out whether the suspect has a disorder. This is usually done with the Rorschach test. This is a test that shows the state of mind by means of inkblots.
Responsible or not accountable?
Belgium only has the system of accountable and incompetent. This actually means black and white. You are accountable or not.
Responsible means that the suspect knew what he was doing when he committed the offenses.
In the Netherlands there are 5 degrees of accountability.
- fully accountable
- somewhat reduced accountability
- reduced accountability
- greatly reduced accountability
- completely incompetent
The boundaries between these are less defined, but are more gray areas.
The procedure
- Let the suspect tell his story and do not interfere in the story. When the suspect is very focused on himself, the court psychiatrist will stroke his ego more to see if it is real.
- The psychiatrist conducts more interviews to confirm his suspicion.
- In consultation with other psychiatrists and 1 psychologist if he is accountable. Article 71: “There is no crime if a person: Committed the act under duress or was in a state of insanity.
- They have to find out whether the suspect was lucid or not lucid at the time, and afterwards. Because if the suspect was not clear at the time of the facts, he will go free and if he is no longer clear afterwards, he will be interned.
- Is the suspect accountable? YES?–> regular cell/trial. NO –> internment (in an institution for life).
The procedure in Belgium and the Netherlands are identical.
Importance of the statement?
At a glance, the ruling is advice and the judge and/or jury can do whatever they want with it. They can include it in their statement or leave it aside. The legal psychiatrist cannot do anything about that. But 95-99% of the statements are taken into account in the verdict of the jury and judge.
The role of a court psychiatrist actually plays a major role in a legal case. but most importantly in his objectivity towards the suspect!