title: Psychiatrists, criminals, and the law: forensic psychiatry in Switzerland 1850-1950.
abstract: Between 1880 and 1950, Swiss psychiatrists established themselves as experts in criminal courts. In this period, the judicial authorities required psychiatric testimonies in a rising number of cases. As a result, more offenders than ever before were declared mentally deficient and, eventually, sent to psychiatric asylums. Psychiatrists also enhanced their authority as experts at the political level. From the very beginning, they got involved in the preparatory works for a nationwide criminal code. In this article, I argue that these trends toward medicalization of crime were due to incremental processes, rather than spectacular institutional changes. In fact, Swiss psychiatrists gained recognition as experts due to their daily interactions with judges, public prosecutors, and legal counsels. At the same time, the spread of medical expertise had serious repercussions on psychiatric institutions. From 1942 onwards, asylums had to deal with a growing number of "criminal psychopaths," which affected ward discipline and put psychiatry's therapeutic efficiency into question. The defensive way in which Swiss psychiatrists reacted to this predicament was crucial to the further development of forensic psychiatry. For the most part, it accounts for the subdiscipline's remarkable lack of specialization until the 1990s.
authors.affiliation: University of Bern, University Library, Hermann Rorschach Archives and Museum, Institute for Medical History, Bühlstrasse 26, 3000 Bern 9, Switzerland. Electronic address: urs.germann@ub.unibe.ch.
authors.forename: Urs
authors.initials: U
authors.lastname: Germann
mesh_terms: D003134:Commitment of Persons with Psychiatric Disorders / Q000266:history*; D003415:Crime / Q000266:history*; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005555:Forensic Psychiatry / Q000266:history*; D049672:History, 19th Century; D049673:History, 20th Century; D006801:Humans; D007298:Insanity Defense / Q000266:history*; D028642:Persons with Psychiatric Disorders / Q000266:history*; D013557:Switzerland
keywords: Criminal justice; Criminal responsibility; Forensic psychiatry; History; Security measures; Swiss criminal law