[외국제도 연구] 형사책임능력 판단을 위한 심리학적 평가에 관한 고찰 : 미국 형사사법체계를 중심으로

• 영문명: [ANALYSIS] A Study on the Psychological Assessment to Judge Criminal Responsibility and in the United States Criminal Justice System
• 발행기관: 한국형사정책학회
• 저자명: 이창무(Chang-Moo Lee)
• 간행물 정보: 『형사정책』형사정책 제17권 제2호, 283~296쪽, 전체 14쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2005.12.01

영문 초록

The purpose of this study is to explore the relationship between the criminal responsibility and psychological assessment. It also finds out the procedures and methods of psychological assessment in the United States criminal justice system. The methods of psychological assessment currently employed in the United States criminal justice system have not been proved to be significantly objective and accurate in terms of their reliability and validity. Psychiatrists or psychologists should be cautious about their use of psychological tests to evaluate mental state at the time of the offense for criminal responsibility. This result suggests that the court's decision on criminal responsibility should not be dependent mainly upon the psychological assessment by experts like psychiatrists or psychologists, which means the court's decision should precede the experts'. Some other policy considerations, however, should be examined. The establishment of 'mental health court' seems to be necessary for the court to supplement its lack of specificity in forensic assessment. It also seems that more emphasis should be put on the field of forensic psychology.

목차

Ⅰ. 서 론

Ⅱ. 형사사법체계와 심리학적 평가

Ⅲ. 심리학적 평가의 객관성과 절차

Ⅳ. 형사책임과 심리학적 평가

Ⅴ. 결론

ABSTRACT