Assessment of criminal responsibility for perpetrators of homicide: analysis of 105 cases.
- Author:
Yi SUN
1
;
Ji-Nian HU
Author Information
1. Department of Forensic Psychiatry, Beijing Ankang Hospital, Beijing 100055, China.
- Publication Type:Journal Article
- MeSH:
Adolescent;
Adult;
Aged;
Aged, 80 and over;
Crime Victims;
Expert Testimony/legislation & jurisprudence*;
Female;
Forensic Psychiatry;
Homicide/psychology*;
Humans;
Liability, Legal;
Male;
Mental Disorders/psychology*;
Middle Aged;
Personality Disorders/psychology*;
Retrospective Studies;
Sex Distribution;
Substance-Related Disorders/psychology*;
Young Adult
- From:
Journal of Forensic Medicine
2006;22(5):361-364
- CountryChina
- Language:Chinese
-
Abstract:
OBJECTIVE:To explore the main factors that most influence the psychiatrists in the process of assessing the capacity for criminal for perpetrators of homicide.
METHODS:105 homicide cases were retrospectively analyzed.
RESULTS:The number of cases for no responsibility, reduced responsibility and full responsibility is 41 (39.0%), 28 (26.7%) and 36 (34.3%) respectively. The assessment of capability for criminal responsibility was significantly correlated with three major factors, they are: whether the homicide was driven by psychopathological factors (Gamma = 0.906, P = 0.000), whether the perpetrator was suffering a severe mental disorders (Gamma = 0.761, P = 0.000) and, whether the victim is the perpetrator's family member or relative (Gamma = 0.412, P = 0.000).
CONCLUSION:Forensic psychiatrists take three major aspects into account in their process in assessing capacity for criminal responsibility, in a descending order, they are: was the homicide driven by pathological motivation? Was the perpetrator suffering from a severe mental disorder? Was the victim a family member or stranger?
