Résumés du XXXIIIe Congrès International de droit et de santé ...

Immigrants are a heterogeneous group of people who are diverse in their ethnical and culturalbackground, migration histories, and degree of cultural adaptation to their new country. ForensicPsychiatrists and Psychologists are often called upon to evaluate immigrants in several differentcontexts and must remember that they are a particularly vulnerable population. Evaluators froma different ethnicity to the evaluee must be aware of four important areas that can lead to abiased, incomplete, or erroneous evaluation: language barrier, transference towards the evaluee’sethnicity, ignorance about the evaluee’s ethnicity, and evaluee’s countertransference. Still, it isnaïve to think that using evaluators of the same or similar ethnic group than the evaluee willsolve all problems. These evaluators might speak different dialects, might not know about thecultural particulars of the evaluee, and are not immune to bias. One of the main problems is thatan evaluee faced with an evaluator of the same background might easily “open up” and put asidethe non-confidentiality disclosure of the forensic evaluation. While some professionals praise theuse of cultural competence in forensic evaluation, some have shown concern about ethnic andcultural aspects being misused or over represented in forensic cases.13. Behavioral Approaches within the Criminal Justice System:From Policy to PracticeHjalmar van Marle, Erasmus University Rotterdam (h.j.c.vanmarle@erasmusmc.nl)Michiel van der Wolf, Erasmus University Rotterdam (vanderwolf@law.eur.nl)Terminologies such as Therapeutic Jurisprudence, Mental Health Courts and Diversion are aliento the Dutch Criminal Justice System. However, their underlying principles have long beenacknowledged - put aside the values that are logically addressed alternatively in an inquisitorialsystem, like unfitness to stand trial. The Dutch Criminal Law consists of a number ofpossibilities for detainees to receive care or treatment both within and outside the prison system.In recent years these ‘diversions’ have been more and more based on notions of risk reduction.This can for example be observed in the recent changes of the financial structure in which theMinistry of Security and Justice ‘buys’ (forensic) mental health beds and is hence less dependanton the - often toilsome - cooperation of the mental health system. Moreover many new‘sentences’ have been introduced with the aim of behavioral intervention, while existingframeworks are more frequently used. However, although this increase of impositions andoptions for treatment seems to reflect progression, the way policy is turned into practice shouldbe critically followed and discussed. Risk-based interventions, often of indeterminate duration,carry dangers such as misuse for utilistic means and social control, rendering the actual treatmentsecondary.In this session, behavioral approaches in three pillars within the Dutch sanctioning system willbe addressed: the penal/prison system, the measure for repetitive offenders (ISD) and themeasure for dangerous mentally disordered offenders (TBS). Through a mainly legal perspective42