The History of Forensic Psychiatry

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The History of Forensic Psychiatry ANALYSIS AND COMMENTARY The History of Forensic Psychiatry Thomas G. Gutheil, MD J Am Acad Psychiatry Law 33:259–62, 2005 My assignment was to discuss the history of forensic Let us visit some other ancient times. It may be psychiatry, but I face two serious constraints. First, impossible to find the earliest expert witness, but we the time and space available do not lend themselves have information on record that Antisius examined to anything like a complete review; and, second, pre- the corpse of Julius Caesar and opined that only the vious speakers, whose presentations are published thoracic sword thrust was fatal; the other 22 stab elsewhere in this issue of the Journal, have covered a wounds were not. number of points already. Therefore, my approach Legend relates that the retired Roman general, will be to highlight some data points and landmarks Cincinnatus, saw a delegation coming from the city in roughly chronological order and to try to give a and knew that they were going to ask him to lead an sense of the overall sweep of forensic psychiatric his- army. To escape involvement in that plan, he de- tory, focusing on some striking case examples. cided to feign madness by hitching up his plow and One thesis for this history could be that the more sowing salt as if it were seed. The delegates, suspect- things change, the more they remain the same. Con- ing a trick, put the infant grandchild of Cincinnatus sider this statement on the role of the expert witness: in the path of the plow, and when he turned the plow If you have clearly ascertained that [the defendant] is in such a aside, they diagnosed malingering. We now use state of insanity that he is permanently out of his mind and so somewhat less drastic methods. entirely incapable of reasoning, and no suspicion is left that he Turning to other lands and other eras, consider was simulating insanity when he killed his mother, you need not the so-called “truth pellet” used in Africa. Suspects in concern yourself with the question how he should be pun- a serious crime were assembled and, with appropriate ished. .he should be kept on close observations and, if you think it advisable, even kept in restraint. [Ref. 1, p 316]. ceremony and pomp, were informed that the identity of the criminal would be decided by the magic pellet What are the essential themes here? First, the im- of truth, which would poison the guilty. In an emo- portance of careful assessment: “clearly ascertained.” tionally charged atmosphere, small pellets were Then, the critical forensic question of possible ma- placed in each suspect’s mouth and, shortly thereaf- lingering: “simulating insanity.” Next, the impor- ter, removed. The pellet was merely a scrap of leather, tance of avoiding the “ultimate issue”: “how he but, since the criminal’s mouth would have gone dry should be punished.” Finally, the matter of clinical out of fear of discovery, the pellet not moistened by management: possible needs for restraint. saliva indicated the guilty one. What century is this thoroughly timely and mod- In ancient China one of a group of merchants on a ern analysis from? It arises from approximately 180 journey apparently robbed the others. The local A.D. The author was Macer, writing near the time of magistrate indicated that the criminal would be dis- 1 Marcus Aurelius. Under Aurelius, a lunatic might covered by a magic bell, hidden behind an aperture in be restrained by relatives, but if he escaped and did a curtain. Touched by the guilty, the bell would ring. harm, the relatives might be executed. This format After all had put their hands through the aperture, established a curious form of “kinship malpractice,” the bell had not rung, but the magistrate demanded with a very harsh penalty, indeed. to look at their hands. The bell had been coated with soot, and the guilty party, fearing detection, had not Dr. Gutheil is Professor of Psychiatry, Harvard Medical School, Bos- ton, MA. Address correspondence to: Thomas G. Gutheil, MD, 6 touched the bell. In a remarkable reversal of symbol- Wellman Street, Brookline MA 02446. E-mail: [email protected] ism, the criminal was the one with clean hands. Volume 33, Number 2, 2005 259 The History of Forensic Psychiatry Current controversy about a person’s competence later developments in a localization theory of the to be executed contrasts sharply with the ancient Jew- brain, leading ultimately to modern “regional” neu- ish Talmud, which recommends that a criminal be- rology and neuropsychology. ing executed be made drunk first, to spare him or her The philosopher Immanuel Kant, during the the horror of the penalty. 1790s, touched on important themes of accountabil- In ancient India around 880 B.C., the laws gave ity, freedom, and proper use of the faculties of special consideration to retarded persons and chil- knowledge.5 In a remote precursor of the Diagnostic dren younger than 15. Islamic law provides that mur- and Statistical Manual, he distinguished four kinds of der by a minor or a mentally ill person is involuntary psychoses relevant to forensic psychiatry: amentia homicide, subject only to compensation for the loss. (chaotic thought); dementia (delusions of reference, In classic-era Greece, the legal code of Draco (who not separating fantasy from reality); insania (dis- gives us our adjective for harshness of codes, “draco- turbed judgment—flight of ideas); and vesania (dis- nian”) distinguished murder from involuntary order of reason like schizophrenia). homicide. Emil Kraepelin6 advanced theories of naturalism In medieval Europe, forensic theory held that in- and context-dependence of mental events. Some im- dividuals who were mentally ill had sold themselves portant implications were: to the devil. So persistent was this view that the last 1. Forensic psychiatry is a medical (hence quanti- witch execution in Germany occurred relatively re- tative) science. cently, in 1775. In late 16th century Florence, pop- 2. Delinquency is naturalized as a social illness; ular views of the mentally ill were not that different punishment is society’s revenge on misbehavior. from, or were not less stigmatizing than, those held 3. Criminal behavior is regarded as mental illness. today. In public language, the subject of forensic at- In England at the turn of the 19th century, tention was a “madman, crazy, raving, insane, de- Thomas Percival, in his Medical Ethics,7 had this to mented, fatuous, short on brains, stupid in the brain, say about expert testimony: nuts, lacking brains, out of his mind and out of his When it becomes [medical practitioners’] painful office to de- feelings.” When physicians came along, the exam- liver evidence, on such occasions, justice and humanity require inee was described as “ruled by humors, delirious and that they should scrutinize the whole truth and nothing extenu- 2 ate nor set down aught in malice (emphasis in the original) [Ref. affected by mania.” Monomania became an im- 7, p 303]. mensely popular term in France from the 1820s to the 1850s. One author suggested that this was in part It is striking how closely this early formulation comes a matter of advancing professional status as a matter to our present goals of “honesty and striving for 8 of professional self-interest; of course, we never have objectivity.” 9 that problem today.3 Gold advanced an important idea regarding the In 1839, in France, the concept of monomania co-evolution of general and forensic psychiatry. The was so widespread that a journal noted: “One no psychiatric witness is essentially a product of the 19th longer says: It is his hobbyhorse or his fancy; one says, century. Before that time, the law did not see a need like a grave physician, ‘It is a monomania’” (Ref. 3, p for psychiatric testimony, since judges set the stan- 386). This last detail demonstrates that, if psychiatry dards. After 1825, the independent medical witness can contribute nothing else to the problem, it can began to replace the treater as witness. always be counted on to supply the requisite jargon. In England, between 1760 and 1845, 350 crimi- Famous Cases nal defendants alleged a mental disturbance. The I now touch on a handful of famous cases, some usual basis for the claim was little more than their already addressed in other parts of this publication. I own statements or statements by neighbors or rela- will mention a few noteworthy points. tives who had allegedly observed their conditions.4 Would-be assassin Edward Oxford was first sent Fewer than one-fourth used medical witnesses. to Bedlam and then transferred to the new Broad- The development of the “science” of phrenology moor Institution.9 Three years later, he was offered a was another important step, but its value would not discharge if he would agree to get out of the country. be recognized because of its clearly fallacious basis. He went to Australia and was never heard of again. (A However, we should recall that it paved the way for similar outcome occurred with Prosenjit Poddar, 260 The Journal of the American Academy of Psychiatry and the Law Gutheil killer of Tatiana Tarasoff). Oxford was diagnosed as ment of mental illness. The American Neurologi- having a “lesion of the will.” cal Association was essentially in competition with James Hadfield was understood to have tried to the American Psychiatric Association for treat- kill King George III, a crime for which high treason ment of the mentally ill. was charged. It appears that he wished neither di- Related to this controversy, in the England of rectly to commit suicide nor harm the king, so he the 1860s, the diagnoses of “nervous shock” and shot next to the king.
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