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home > research > Research Project - Ivan Crozier: The Boundaries of Forensic Psychiatry

Research Project -
Ivan Crozier: The Boundaries of Forensic Psychiatry

My research to date has been concerned with a number of issues: the emergence of the field of sexology in England, America, and on the Continent; the development of English medical writing about sex (in psychiatry and psychology as well as other human sciences like ethnology and biology); the organization of the World League for Sexual Reform Congress in London in 1929; sexological case histories; sexual crime as a medico-legal issue; and forensic psychiatry and criminal responsibility. My main focus throughout this work has been to map the emergence of the field of sexology, a field that constructed knowledge about sexual behaviour, often in order to challenge and correct popular beliefs about sexuality that were held in the late nineteenth century (both by the general public, and in court).

One intriguing point about the emergence of sexology was the way that many early discussions addressed the law in order to stake a claim about a sexual perversion. I argue that it is not possible to look at the emergence of sexology as an internal issue within medical practice alone, but rather it should be thought of as a process of gaining credibility to speak about certain issues that were initially legal and moral; a process of challenging commonly-held beliefs about sexual behaviours with scientific knowledge of the same behaviours. I am not suggesting that all sexology was concerned with forging boundaries between psychiatry and the law. But in 'fringe' cases where the object of inquiry was partially under the control of the law (sadistic and homosexual behaviour were legal objects before there was any psychiatric discussion of them), doctors had to engage with the law in order to construct their object as a psychiatric rather than legal object. From this point, I began to address the specifics of the interaction between law and psychiatry that led to my current interest in the emergence of forensic psychiatry. Rather than locating the roots of forensic psychiatry (which has been done in a detail by Joel Eigen, Witnessing Insanity, Yale UP, 1995), I look at how the discipline developed after the crucial works of Forbes Winslow and Henry Maudsley through to the trial of Ronald True (1922). My project addresses countries other than England, as there was often a significant flow of ideas between America, England and the Continent. The main focus, however, will be English trials.

There are several aspects that come into play when considering the emergence of forensic psychiatry:

  1. The courtroom behaviour of the psychiatrist, such as the presentation of expert evidence to the court and establishing credibility for psychiatry. This aspect will be based on trials in which psychiatrists appeared, as well as court reports. It addresses what psychiatrists considered to be legitimate knowledge, and how they established this legitimacy over what they considered to be misled belief.

  2. Constructing boundaries between psychiatry and the law, both in terms of the presentation of evidence to the court and in medical publications. This aspect focuses on how psychiatrists conceived of their place in law and in medicine. It also plays up the differences (real and perceived) between psychiatric knowledge and the beliefs held about criminal insanity by the law.

  3. Constructing boundaries between psychiatry and other medical disciplines, such as criminology, sexology, and areas of medical jurisprudence. This aspect utilizes ideas from the sociology of scientific knowledge on boundary working in order to examine different kinds of knowledge about specific objects, and to investigate the different strategies employed by psychiatrists with a view to introducing their knowledge to the courtroom.

  4. The formation of psychiatric objects in a legal context (such as the pervert, the psychopath, the homicidal maniac). All of these areas broadly rely on the central idea that forensic psychiatry created a niche for itself over which it had expertise and authority, based on its own-field-specific-notions of relating to other disciplines, and its own objects of inquiry. The key to understanding the creation and maintenance of boundaries is an appreciation of the broad flow of ideas between medical disciplines as well as between work done in different countries, and an understanding of how forensic psychiatrists applied this knowledge both in court and in their writings.

Central to this project is the way that psychiatry developed specific knowledge about insanity and criminal responsibility that could be used as the basis for strategies to challenge legal belief about insanity within the court as well as in medical publications. This tension between psychiatric knowledge and legal belief is central to understanding the motivations behind the field of psychiatry in its endeavours to enter the court.

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Science Studies Unit
School of Social and Political Studies
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tel: +44 (0)131 650 4256  Fax: +44 (0)131 650 6886
email: carole.tansley@ed.ac.uk

 

updated 5 September 2004