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FIELD OF ACTIVITY OF FORENSIC PSYCHIATRY WITHIN THE SCOPE OF MEASURES PROVIDED BY THE NEW CRIMINAL LAW

NCJ Number
65853
Journal
NERVENARZT Volume: 48 Issue: 5 Dated: (1977) Pages: 248-252
Author(s)
W MENDE
Date Published
1977
Length
5 pages
Annotation
NEW FUNCTIONS OF FORENSIC PSYCHIATRY ACCORDING TO THE REVISED WEST GERMAN CRIMINAL CODE ARE OUTLINED.
Abstract
THE NEW CODE EMPHASIZES SOCIAL THERAPY TO ACHIEVE THE OBJECTIVE OF REINTEGRATING OFFENDERS INTO SOCIETY. OFFENDER PLACEMENT IN PSYCHIATRIC HOSPITALS IS TO OCCUR ONLY WHEN MENTAL INCOMPETENCE AND DANGEROUSNESS ARE CLEARLY ESTABLISHED AND IN ALCOHOL OR DRUG TREATMENT CENTERS WHEN THE SUBSTANCE ABUSE HAS BEEN LINKED TO CRIMINAL BEHAVIOR. SOCIAL THERAPEUTIC INSTITUTIONS (YET TO BE FOUNDED) ARE TO BE USED FOR DANGEROUS RECIDIVISTS WITH PERSONALITY DISTURBANCES, SEXUAL OFFENDERS WITH RECIDIVIST TENDENCIES, JUVENILES UNDER 27 YEARS OLD WITH EXTENSIVE CRIMINAL RECORDS, AND OFFENDERS WITH REDUCED MENTAL COMPETENCE WHO WOULD BENEFIT FROM SOCIAL THERAPY. PROBABLE RECIDIVISTS ON PROBATION AND PAROLE ARE TO BE PLACED UNDER SOCIAL SUPERVISION OF PSYCHOLOGISTS AND THEIR ASSISTANTS. SPECIAL PSYCHIATRIC TREATMENT BEFORE IMPRISONMENT, REPLACEMENT OF INSTITUTIONAL PLACEMENT WITH PROBATION WHEN DANGER IS SLIGHT, AND ALTERNATIVE MEASURES ARE PROVIDED FOR. THE CENTRAL PROBLEM FOR PSYCHIATRISTS IS THE TREATMENT AND RESOCIALIZATION OF NEUROTIC, PSYCHOPATHIC, AND MENTALLY DEFICIENT OFFENDERS WITH RECIDIVIST TENDENCIES. NEVERTHELESS, WHETHER OFFENDERS ARE TO BE TREATED IN SPECIAL SECTIONS OF MENTAL HOSPITALS OR IN SPECIAL SEPARATE INSTITUTIONS, ACTIVE THERAPY RATHER THAN CUSTODIAL CARE MUST BE FURNISHED. IN THE DEVELOPMENT OF THE MANY NEW INSTITUTIONS NEEDED FOR REHABILITATION, PERSONNEL AND TREATMENT MODES MUST BE CAREFULLY SELECTED. THERAPY PROGRAMS MUST BE REALITY-ORIENTED AND PRACTICAL; SUCH METHODS AS GROUP THERAPY, SOCIAL TRAINING TECHNIQUES, AND BUILDING SOCIAL CONTACTS SHOULD BE INITIATED WITH THE ASSISTANCE OF SOCIAL WORKERS. FINALLY, THE NEW CODE IS SUCH THAT FORENSIC PSYCHIATRISTS WILL BE REQUIRED TO LEARN NEW SPECIALITIES AND TO INNOVATE PRACTICAL TREATMENT APPROACHES WHILE GAINING INSIGHTS APPLICABLE TO FUNCTIONS AS EXPERT WITNESSES IN COURT PROCEEDINGS. --IN GERMAN. (KMD)