Naslov
Untangling the Epistemic Nexus: Exploring the Interplay Between Forensic Psychiatrists and Judges in Criminal Proceedings

Autori
Bošnjak, Mladen

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Summer School "Science, Values and Democracy"

Mjesto i datum
Cres, Hrvatska, 06.06.2023. - 08.06.2023

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Psychiatric examination of accountability ; testimony ; expertism ; evidentialism ; Performative expert testimony theory

Sažetak
This talk examines the common practice in Croatia of judges accepting findings and opinions of forensic psychiatrists without prior evaluation. In the first part of the talk this issue will be framed within the epistemological debate between expertism and evidentialism. Expertists argue that laymen should trust experts without evidence, given that they lack the expertise to evaluate it. In contrast, evidentialists contend that laymen should trust experts based on the evidence they provide. I argue that evidentialism is the superior position and, based on this premise, I criticize the common practice of judges uncritically relying on expert testimony as unacceptable. However, this discussion opens up the question of how judges can acquire knowledge about offenders´ accountability based on forensic psychiatrists' testimony without the required expert knowledge to assess the evidence presented. To address this issue, in the second part of the talk, I propose relying on The Performative Expert Testimony (PET) theory. According to PET theory, knowledge is acquired through the interaction between an expert and non-expert, where the expert successfully satisfies all the informational needs of the non-expert. In the talk, I will illustrate how this theory can be successfully applied in the context where judges and forensic psychiatrists need to cooperate to reach a just and fair legal decision in criminal proceedings.

Izvorni jezik
Engleski

Znanstvena područja
Filozofija

POVEZANOST RADA