The place of culture in forensic psychiatry.
Members of a multicultural society must all be subject to the same equitable system of justice. However, culture exerts profound influences on human behavior, and cultural considerations have a place in determinations of capacity and in appropriate sentencing. Cultural psychiatry can contribute to forensic psychiatry by helping to contextualize individuals' actions and experiences. This contextualizing can be done through cultural consultations that employ interpreters and culture brokers to identify the role of culture in individuals' psychopathology. Clarifying how cultural background has affected individuals' capacity to form a criminal intent or control their behavior may allow a better determination of level of culpability and guide appropriate sentencing. However, framing behavior as culturally influenced may also stereotype and stigmatize specific groups. To avoid this, culture must be understood in terms of power relationships between minority groups and the dominant society. Cultural factors are not only relevant to the experience of specific groups but pervade the entire judicial system shaping the process of moral and legal reasoning.
Kirmayer
Laurence J
LJ
Jewish General Hospital, 4333 Cote Ste. Catherine Road, Montreal QC H3T 1E4, Canada. laurence.kirmayer@mcgill.ca
Rousseau
Cécile
C
Lashley
Myrna
M
D003415:Crime / Q000331:legislation & jurisprudence; D003416:Criminal Law / Q000331:legislation & jurisprudence; D003466:Cultural Characteristics; D018864:Cultural Diversity; D005555:Forensic Psychiatry; D006801:Humans; D007206:Individuality; D007298:Insanity Defense; D007802:Language; D001523:Mental Disorders / Q000175:diagnosis / Q000208:ethnology*; D009042:Motivation; D011287:Prejudice; D011792:Quebec; D012017:Referral and Consultation / Q000331:legislation & jurisprudence; D012931:Social Environment