为所有人的精神错乱辩护?以色列精神病学和法律体系中的阿拉伯少数民族

IF 1.4 4区 医学 Q1 LAW
Anat Yaron Antar
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引用次数: 0

摘要

少数民族经常受到执法部门的歧视。这一发现也适用于以色列的阿拉伯少数民族;然而,尽管对这一主题进行了广泛的研究,但只有少数研究调查了精神病学意见和刑事责任和受审能力的司法决定方面的这种偏见。本研究解决了这种偏见,在其分析这些意见和裁决的杀人案被告提到的精神病学评估。参与者是1997年至2021年期间在以色列最高安全单位住院接受精神评估或治疗的所有137名杀人案被告(95名犹太人和42名阿拉伯人)。结果被告人的种族与审判结果有显著的关系:半数被认为适合出庭的被告人是犹太人,而被认为不适合出庭的被告人中犹太人的比例高得不成比例。在大多数情况下,法院的裁决与精神病学的意见是一致的,其中98%以上是由犹太精神科医生提供的。由于阿拉伯精神病医生人数少,因此无法检查他们的种族和被告的种族之间的相互作用对他们意见的影响。结论对这些结果的三种可能的解释进行了讨论:人口之间的真正差距,缺乏文化能力和群体间偏见。其影响包括建议培训更多的阿拉伯精神病医生和提高执法官员的文化能力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Insanity defense for all? The Arab minority in Israel's psychiatric and legal systems

Objectives

Minorities are often discriminated against by law enforcement. This finding also applies also to the Arab minority in Israel; however, despite extensive research on this topic, only a few studies have examined this bias with regard to psychiatric opinions and judicial decisions on criminal responsibility and the ability to stand trial. This study addresses this bias in its analysis of such opinions and rulings among homicide defendants referred to psychiatric evaluation.

Design

The participants were all the 137 homicide defendants (95 Jews and 42 Arabs) hospitalized in Israeli maximum-security units for psychiatric evaluation or treatment between 1997 and 2021.

Results

A significant relationship was found between the defendant's ethnicity and the evaluation and ruling: half of the defendants deemed fit to stand trial were Jews, while most of those deemed unfit were Jews at a disproportionate rate. In most cases, the court ruling was consistent with the psychiatric opinions, over 98 % of which were provided by Jewish psychiatrists. The low number of Arab psychiatrists prevented examination of the effect of interaction between their ethnicity and the defendants' ethnicity on their opinions.

Conclusion

Three potential explanations for these results are discussed: a true gap between the populations, a lack of cultural competence, and intergroup bias. The implications include the recommendation to train more Arab psychiatrists and enhance the cultural competence of law enforcement officials.
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来源期刊
CiteScore
4.70
自引率
8.70%
发文量
54
审稿时长
41 days
期刊介绍: The International Journal of Law and Psychiatry is intended to provide a multi-disciplinary forum for the exchange of ideas and information among professionals concerned with the interface of law and psychiatry. There is a growing awareness of the need for exploring the fundamental goals of both the legal and psychiatric systems and the social implications of their interaction. The journal seeks to enhance understanding and cooperation in the field through the varied approaches represented, not only by law and psychiatry, but also by the social sciences and related disciplines.
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