Probable psychiatric experts’ findings

Abstract

This is the author’s third piece devoted to the problem of probable forensicpsychiatric expert findings. It focuses primarily on the issues that either have not been elucidated in two previous publications or reviewed in only a cursory manner. The author notes that with regard to the sought-after fact established with the help of expert review the probative value of probable expert findings equals the probative value of the experts written notification to the effect that they are unable to deliver an opinion. Such notification is provided for by law as a service document. As distinct from the latter, the probable expert finding is not provided for by law, is ambiguously assessed by courts and generates controversy among experts in the field. Hence, according to the author, if there is a paucity of data for conclusive expert judgement the experts would be well advised to report about the infeasibility of providing expert opinion. This would ensure against errors and infringements that may be committed in the course of further judicial proceedings. Formulation of probable expert findings in this case provides no such guarantees.