Forensic psychiatry, one subspecialty with two ethics? A systematic review

Abstract Background Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relat...

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Main Authors: Gérard Niveau, Ida Welle
Format: Article
Language:English
Published: BMC 2018-04-01
Series:BMC Medical Ethics
Subjects:
Online Access:http://link.springer.com/article/10.1186/s12910-018-0266-5
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author Gérard Niveau
Ida Welle
author_facet Gérard Niveau
Ida Welle
author_sort Gérard Niveau
collection DOAJ
description Abstract Background Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Results Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. Methods In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. Conclusion The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty.
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spelling doaj.art-c8ef7bfe3b184084ac72dee5a52ad9c02022-12-21T17:48:45ZengBMCBMC Medical Ethics1472-69392018-04-0119111010.1186/s12910-018-0266-5Forensic psychiatry, one subspecialty with two ethics? A systematic reviewGérard Niveau0Ida Welle1Geneva University HospitalsGeneva University HospitalsAbstract Background Forensic psychiatry is a particular subspecialty within psychiatry, dedicated in applying psychiatric knowledge and psychiatric training for particular legal purposes. Given that within the scope of forensic psychiatry, a third party usually intervenes in the patient-doctor relationship, an amendment of the traditional ethical principles seems justified. Results Thus, 47 articles, two book chapters and the guidelines produced by the World Psychiatric Association, the American Association of Psychiatry and the Law, as well as by the Royal Australian and New Zealand College of psychiatrists, were analyzed. The review revealed that the ethics of correctional forensic psychiatry and those of legal forensic psychiatry do not markedly differ from each other, but they are incongruent in terms of implementation. Methods In an effort to better understand which ethical principles apply to forensic psychiatry, a chronological review of the literature published from 1950 to 2015 was carried out. Conclusion The ethics of correctional forensic psychiatry are primarily deontological. The principle of justice translates into the principle of health care equivalence, the principle of beneficence into providing the best possible care to patients, and the principle of respect of autonomy into ensuring confidentiality and informed consent. The ethics of legal forensic psychiatry are rather consequentialist. In this latter setting, the principle of justice is mainly characterized by professionalism, the principle of beneficence by objectivity and impartiality, and the principle of respect of autonomy by informed consent. However, these two distinct fields of forensic psychiatry share in common the principle of non maleficence, defined as the non collaboration of the psychiatrist in any activity leading to inhuman and degrading treatment or to the death penalty.http://link.springer.com/article/10.1186/s12910-018-0266-5Forensic psychiatryEthicsPrinciplismConsequentialismLegal psychiatryCorrectional psychiatry
spellingShingle Gérard Niveau
Ida Welle
Forensic psychiatry, one subspecialty with two ethics? A systematic review
BMC Medical Ethics
Forensic psychiatry
Ethics
Principlism
Consequentialism
Legal psychiatry
Correctional psychiatry
title Forensic psychiatry, one subspecialty with two ethics? A systematic review
title_full Forensic psychiatry, one subspecialty with two ethics? A systematic review
title_fullStr Forensic psychiatry, one subspecialty with two ethics? A systematic review
title_full_unstemmed Forensic psychiatry, one subspecialty with two ethics? A systematic review
title_short Forensic psychiatry, one subspecialty with two ethics? A systematic review
title_sort forensic psychiatry one subspecialty with two ethics a systematic review
topic Forensic psychiatry
Ethics
Principlism
Consequentialism
Legal psychiatry
Correctional psychiatry
url http://link.springer.com/article/10.1186/s12910-018-0266-5
work_keys_str_mv AT gerardniveau forensicpsychiatryonesubspecialtywithtwoethicsasystematicreview
AT idawelle forensicpsychiatryonesubspecialtywithtwoethicsasystematicreview