Judicial use of psychiatric reports in the sentencing of sex offenders

Abstract

Use of psychiatric evidence within the court system has increased recently. This study investigates the psychiatric pre-sentence reports ordered by judges in sentencing sex offenders. The findings indicate that although the judges are ostensibly assisted by these reports, further probing makes it clear that in fact they are ambivalent about their value. It also concludes that in actuality understanding and communication between psychiatry and law has not increased and also that however much a judge may want to use the material contained in the reports, he is constrained by the legal system and other external factors from so doing.