Die Sachverständigenexpertise im Spannungsfeld zwischen Justiz und Psychiatrie am Beispiel des Hangbegriffes des § 66 StGB (Sicherungsverwahrung)

Using the example of psychiatric expert opinions in trials leading to preventive detention, we analysed how far the corresponding orders by the courts were suited to guide the psychiatric experts and restrict them to their area of expertise. Furthermore we concentrated on the question, what reasons were given for preventive detention on both psychiatric and judicial side and how psychiatric arguments were adopted by the judges. Our results show clearly, that placing an order with the psychiatric expert as well as adopting the psychiatric arguments for preventive detention occur mainly in a stereotypic way. Psychiatric and judicial arguments for preventive detention refer both to previous delinquency. Aspects concerning the offenders personality appear to be secondary, although they play a major role in the decision for preventive detention. The article shows the controversy associated with forensic-psychiatric expertise in the courtroom and the need for communication and clarification between psychiatry and law.     

Psychologische Mess- und Testverfahren

The use of psychological assessment methods is flawed by incorrect assumptions of their capacity. Some of these assumptions are discussed. It is argued that psychological tests are necessary to expand the database for expert reports about the impact of mental disorders on work and different levels of functioning. Tests help to protect psychological assessments against errors and chance bias. With respect to levels of functioning, examples of German tests and questionnaires are given. Test-based information requires objective validation methods and should not be subordinated to an intuitive assessment strategy.     

Task sets under reconstruction: effects of partially incorrect precues.

To perform a task that differs from a previously performed one, it is necessary to prepare for the new task as well as to disable the task set of the preceding task. In a series of three experiments we examined whether preparation for a task shift implies a direct update of the task set that is carried over from the preceding trial. To this end, in Experiments 1 and 2 we factorially varied the relation of the task in trial n, first, to the task in trial n - 1 (intertask relation) and, second, to the task that was precued for trial n (precue-to-task relation). Invalid precues resulted in substantial costs, which increased with longer precueing intervals. However, this increasing effect of the precue-to-task relation was not accompanied by a decreasing effect of the intertask relation. Furthermore, both effects had different qualitative properties. These findings suggest that two tasks can be represented concurrently but on two different levels of representation. In Experiment 3 we observed that the persistence of the effect of the intertask relation depends on the possibility that task repetitions can occur in trials in which a task shift is precued. This suggests that the persistence of the effect of the intertask relation is controlled in a context-sensitive way.