V. Mastronardi
Manuale per operatori
criminologici
e psicopatologi forensi,
Giuffrè, 2001, p.536
REVIEW
Numerous
and often not deprived of problems are revealing the fields into which the
criminologist and the forensic psychiatrist have to operate at present.
This
monograph (updated edition of previous ones), facing some of the matters more
delicate and sometimes disputed which the expert may come into contact with,
intends to be an helpful guidance for the operator interested in developping a
correct methodology for intervention, also taking into consideration the lacks
that may exist mainly on the initial practice of the activity, and that the same
Author had the opportunity to notice directly in some occasions.
A
first and basic field for the criminologist intervention is surely that
one represented by the scientific observation of the personality. In fact a
basis principle of our legal system, ratified at constitutional level (art. 27,
3 c.) and retaken by the laws promulgated on matter of penitentiary system (l. n.354/75,
l. n.663/86 e d.p.r. n.230/00) provides that the punishments shall aim to the
condemned re-education. It results feasible by the mean of a treatment
specifically called, re-socialization. This treatment, having to satisfy the
individual needs, identified by the examination of psychophysiological,
affective, social eventual lacks, and of the other causes of the uneasiness,
must necessarily be personified. The individualization is obtained by the
arrangement, from an experts team, of a program drown up just pending on the
results arising from the observation.
In
the first part of the volume is developped the analysis of the different means,
of which the expert avails himself for the subject examination, that are the
essential instrument in the criminological and psychiatric forensic field
either for the treatment purposes or for the diagnostics period.
The
opening-part of the first chapter is going to elucidate the formalities,
generically foreseen by the law, through which the treatment (education,
cultural – recreative – sporting activities, domestic and outer contacts,
work, religion) can be fulfilled. Then are taken into consideration the
treatment possibilities of subjects that are in peculiar positions: the
sentenced for associative crimes, with prevailing regard to those who
collaborate with the justice, through the analysis of d.l. 13/05/91 n.152 and
the toxic or alcohol dependents through the analysis of regulation (d.p.r. n.309
/90 e d.p.r. n.171/93) for troubles caused by such substances and through the
basic institute of attenuated surveillance that is considered as the first real
attempt to have a therapeutical detention (to whose regard are reported the
results achieved in some prisons). Most relevant part is then dedicated to the
talk with the subject. Author gives the maximum importance to the fact that
operators will acquire the capacities necessary to lead it correctely because in
this manner only is possible to have a truthful picture of the subject
personality. First of all it is examined the psychiatric talk in the generality
(techniques, influencing, factors, subjects attitude, general lines) proceeding
then to analyze the purposes and the management procedures (correct or incorrect)
of that specific talk, called therapeutical, that take place in the sphere of
the prisons. A paragraph is afterwards dedicated to the psychotherapeutic
interventions, already carried out into some jails, and to the analysis of the
relevant results, although negative, and of the change perspectives. Finally it
is made a mention to the motivation talk techniques used into the prisons to
spur user in changing.
Determinant
for the fully comprehension of the subject personality it is revealing as well
the not verbal communication, also considering that it covers the 65% of the
whole human communication; mimic and gesticulatory expression indeed reveals the
ideas and emotions elaborated by the subject at the level both rational and
unconscious. Therefore, it is highlighted the attention to be attributed to the
body different parts movements, mainly those ones of the hand, dressing, walk,
phenomena of flush and laugh caring for their characteristics such as strength
and length of the expression and its conformability to the situation, to the
cultural factors, to the possibility of expressionless due to neurological
illness or medecines effects with the relevant problem of their assumption for
simulated purposes. Furthermore very useful in the experts field may reveal the
means such as the photography, the use of single direction mirror, the
psycho-graphological examination and the Pupil Test for the toxicomania.
Great
significance assumes also the social investigation in order to frame the subject
from more angles like the sphere of family, school, work, the relationships with
other persons, the habits of life, the hereditary taint and the behaviours
examination. Third chapter, after a quick general view of the biological,
psychological, sociological main theories on the theme of the criminality
etiology, highlights the characteristics through which the investigation shall
be led to obtain a correct social diagnosis of the subject in order to the
better fulfilment of the prognosis. Are also mentioned the methodological
difficulties of the behaviours observation and the circumstances to take into
consideration.
Talk
with the subject shall be transformed, at a subsequent stage and by more
specific questions-tests, into a psychic examination to study the subject
personality through the analisys of his psychic functions: perception, attention,
memory, ideation, affectivity, will and conscience. In the following chapter the
Author underlines the pathologic aspects, due to the criminal implications they
may have, that may interest the single functions and the instruments available
for their pointing out.
Sixth
chapter is reserved to the regulation for the minors, strectly referred to what
applies to questions of criminologic interest: observation, treatment,
restrictions on matter of personal liberty, safety measures.
In
the seventh chapter is then faced a matter as much problematic as basic in the
field of criminologic and psychopathologic activities; that one relevant to the
concept of dangerousness and to the crisis, which is encountering due to the
extreme difficulty of an evaluation of the single subjects founded on to scientific
bases, difficulty confirmed also by the fact that these bases are modified in
consequence of the customs evolution. This concept is moreover often used for
repression and increse in criminal attitudes. To go out from the impasse
deriving from that, it is demeed that the sole realizable perspective be the
association of the prognosis, that is innate to the concept of dangerousness, to
the real and concrete possibility of treatment in the hypothesis that this
concept be used by the clinical criminology only within the limits of the
treatmental praxis. Afterwards it is illustraded the present status of the
unsound of mind interventions (above all with reference to the compulsory sanitary
treatment) resulting from the legislative reforms nn. 180 and 833 dated 1978
and from the different vision, that has been developped along the years, in
respect of the possible dangerousness with the ensuing necessity to isolate the
beamer of mental pathologies. The balance made on the results of the
dangerousness prediction in the psychiatric-forensic field is of full bankruptcy.
Are then reported two important judgements of the constitutional court (n.139
dated 08/07/82 and n.249 dated 15/07/83) establishing that it must be evaluated
the dangerousness persistence at the time of safety measure application and
giving an enumeration of the main criteria to be followed in elaborating such a
type of judgement.
Furthermore
are taken into consideration the rules and the jurisprudence concerning the
expert intervention during the proceedings period (nomination and activity of
the expert, technical adviser, ascertainments.......).
Ninth
chapter faces the problems connected with the sexual deviation to the purpose of
achieving, where possible, a restoring therapeutic relationship. It starts with
the definion and the classification of the perversions and with the summary
explanation of their specific types to analyse then in detail the classification
and the psychodinamic and behaviour components common to the serial killers,
murder stages, matter of the imputability, that is kept mantained exclusively in
presence of personality diseases, with a mention to the hypotheses of
psycho-pharmacologic and psycho-therapeutic treatment.
Last
two chapters analyse two further fields into which the criminological operator
is called to intervene: the first field regards the children violence, that may
be identified by the definition “battered child syndrome”, outlined for the
first time by Kempe in the 1962 and replaced in the 1978 by the still used
wording “child abuse and neglect”. It is described through an hystorical
excursus on this type of violence, that for long time has not been held in the
due consideration; subsequently are explained the execution forms of the
children maltreatment (sexual abuse, physical violence, carelessness, affective
maltreatment, Münchausen syndrome by proxy, medical shopping by proxi), the
causes and the psychodinamic of maltreatment, the clinical symptoms and
suspicion reasons, the intervention and treatment perspectives not on the child
only, but even on the whole family toghether with the results of some statistics
and researches. The second field regards the incapacitated circumvention,
especially of the elders. To the matter it has been ascertained that, where the
aleatory concept of psychic deficiency (mentioned in the penal code) is to be
evaluated, to the aim of establishing the easy circumvention of a subject,
appear worrying interrogatives lacking in sound juridical and diagnostic signals
and their lacic is confirmed by the contrasts found in the expert reports and by
the unlikeness found in the sentences (most interesting of which are reported).
The
comprehension of what exposed is a remarkably facilitator for the operator,
through numerous examples and real cases taken from the professional personal
experience of the author and of other professionals.
Elena Mariani
(Università degli Studi di Milano,
Cattedra di Criminologia)