Preuve d'expert en psychologie et psychiatrie

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• < Preuves
• < Preuve d'opinion

Principes généraux

In one or more occasions, experts have been qualified to give opinion in several fields related to psychology and psychiatry:

• effect of battered wife syndrome
• memory process in delayed recall
• memory loss
• inconsistencies and recantations of sexual abuse victims
• human conduct and the psychological and physical factors which may lead to certain behaviours that go beyond ordinary experience of the trier-of-fact.
• the general behavioural and psychological characteristics of child victims of sexual abuse
• "risk assessments and the measure of psychopathology and personality functioning and treatment for youth and adults."
• forensic psychology including automatism
• "clinical psychology and the administration and interpretation of psychological tests and risk assessment tools relative to criminal offenders"
• evidence as to the concept of ‘honour killings’ and its reality in Afghanistan and elsewhere in the world

PTSD

"Battered Wife" Syndrome

Psychological evidence of battered wife syndrome can be admitted for several purposes:

1. to assist the fact-finder in drawing inferences in areas where the expert has relevant knowledge or experience beyond that of the lay person.
2. dispelling myths of the syndrome such as exaggeration, a masochistic desire for harm, or negative inferences from missed opportunities to leave.
3. the limited ability of the victim to perceive dangers and form reasonable apprehension of death or bodily harm on a particular occasion;
4. evidence pertaining to why an accused remained in the battering relationship as relevant in assessing the nature and extent of the alleged abuse;
5. provide an explanation as to why an accused did not flee when she perceived her life to be in danger, expert testimony may also assist the jury in assessing the reasonableness of her belief that killing her batterer was the only way to save her own life.

Voir également

• Established Fields of Expert Evidence