In a criminal court, the forensic psychiatrist is required to give a report that is easy to understand by the saiban‒in(lay judge). However, a method to provide such a report has yet to be established.
To extract and clarify the current problems with the saiban‒in justice system, a questionnaire survey was conducted involving 19 forensic psychiatrists and 18 judges, public prosecutors, and lawyers.
Based on the results of this survey, it is recommended that written reports from psychiatrists should be evaluated by legal professionals and psychiatrists, and points of controversy should be examined prior to the trial. In the hearing, a presentation by the psychiatrist should be made, and an oral testimony should follow.
Forensic Psychiatric Examination in Japanese Citizen Judge System, Saiban—in
Tokyo Metropolitan Matsuzawa Hospital
Psychiatria et Neurologia Japonica
115: 1071-1078, 2013
<Keywords:forensic psychiatry, operationalized diagnostics, psychiatric examination, criminal responsibility, citizen judge>