형사책임능력 판단을 위한 심리학적 평가에 관한 고찰: 미국 형사사법체계를 중심으로

Abstract

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.