Psychiatry and criminal justice in modern Germany, 1880—1933

Abstract

This article presents an overview and analysis of the relationship of psychiatry and criminal justice in three different areas: the role of medical expert testimony in criminal trials; the role of psychiatrists in criminological research; and the influence of psychiatry on the penal reform movement. The first section argues that the increased use of medical expert testimony in the criminal courts demonstrates the increasing social acceptance of the psychiatric claim that borderline mental abnormalities were widespread and frequently connected to criminal behaviour. The second section examines the reasons why psychiatrists became so interested in research into the causes of criminal behaviour, and relates this interest to psychiatrists’ efforts to expand their professional territory. The third section argues that psychiatry exerted an important influence on the penal reform agenda. Not only was psychiatry crucial to the treatment of mentally deficient offenders, but the penal reformers’ demand to make every offender’s punishment dependent on his ‘social prognosis’ promised to give psychiatric expertise a central role in criminal justice. The article’s conclusion examines to what extent it makes sense to speak of a medicalization of criminal justice in this period.