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The concept of judgment in the medico-legal context: A view from Israel

  • Sergey Raskin (a1), Natasha Fastovsky (a1), M Dominic Beer (a2) and Rimona Durst (a1)
  • DOI: http://dx.doi.org/10.1017/S1742646408001337
  • Published online: 01 June 2009
Abstract
Abstract

The assessment of judgment has a central role in court-appointed evaluation, especially when criminal responsibility is in debate. Psychiatry and the law view the concept of judgment differently. The legal system aims for clear determinations of right or wrong, guilty versus not guilty. In psychiatry, judgment is a more complex concept; it involves analytical thinking, socio-ethical behaviors and insight. In clinical practice, these are inter-related and affect each other. The two viewpoints meet in court where they sometimes clash. Judgment is considered preserved when all three components are intact, or when only one is impaired. Impairment of two components inevitably leads to compromise of the third and to judgment impairment as a whole, resulting in criminal non-responsibility.

Clinical vignettes, mainly from acute secured wards, will illustrate the dynamic inter-relation among the different components of judgment and show the influence of judgment evaluation as a whole in criminal law.

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Copyright
Corresponding author
Correspondence to: Rimona Durst, Kfar Shaul Mental Health Center, Jerusalem, Israel. Tel. 972–2-6551559/550; Fax. 972–2-6541281; Email: Rimona@isdn.net.il
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This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

R.P. Archer , J.K. Buffington-Vollum. , R. Vauter Stredny and R.W. Handel (2006) A survey of psychological test use patterns among forensic psychologists. Journal of Personality Assessment. 87 (1): 8494.

P.F. Buckley , D.R. Hrouda , L. Friedman , S.G. Noffsinger , P.J. Resnick and K. Camlin-Shingler (2004) Insight and its relationship to violent behavior in patients with schizophrenia. American Journal of Psychiatry. 161 (9): 17121714.

D.W. Denno (2003) A mind to blame: New views on involuntary acts. Behavioral Sciences and the Law. 21 (5): 601618.

A. Lewis (1934) The psychopathology of insight. British Journal of Medical Psychology. 14: 332348.

S. Sevy , K. Nathanson , H. Visweswaraiah and X. Amador (2004) The relationship between insight and symptoms in schizophrenia. Comprehensive Psychiatry. 45 (1): 1619.

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Journal of Psychiatric Intensive Care
  • ISSN: 1742-6464
  • EISSN: 1744-2206
  • URL: /core/journals/journal-of-psychiatric-intensive-care
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