Cross-views between the roles of the therapist and the expert in forensic psychology/psychiatry
A qualitative study
Bibliographic Data
| ID | 21459010 |
|---|---|
| Authors | Maurice W D Stauffacher, Maurice Stauffacher (University Centre of Legal Medicine, corresponding author), Silke Grabherr (0000-0002-9914-2310, University Centre of Legal Medicine), Stefan Kaiser (0000-0002-3013-2034, University Hospital of Geneva), Yvan Jeanneret (University of Geneva), Valérie Moulin (0000-0003-3849-8943, Université Grenoble Alpes) |
| Year | 2026 |
| Volume | 104 |
| Pages | 102162 |
| Publication date | 2026-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Law and Psychiatry (JOURNAL) |
| Journal identifiers | ISSN: 0160-2527 • E-ISSN: 1873-6386 |
| Publisher | Elsevier BV (PUBLISHER) |
| DOI | 10.1016/j.ijlp.2025.102162 |
| PMID | 41240405 |
| OpenAlex | W4416275611 |
| Language | EN |
| References cited | 23 |
Forensic psychology/psychiatry seems particularly subject to ethical tensions, as it involves not only the expert-evaluee or therapist-patient relationships, but also the judicial authorities. This exploratory study aims to identify the professional roles—namely the identity and posture—of both the expert and the therapist within the medico-legal field, with a view to uncovering potential ethical tensions that may arise in the transition from one role to the other. This exploratory qualitative study was conducted through two research focus groups: one composed of forensic psychiatry experts, and the other of clinical therapists in a Swiss university hospital. We performed a narrative and thematic analysis based on the verbatim transcripts to compare the two groups. In therapists' discourse, patient support and guidance were central concerns. In the expert witnesses' discourse, the investigation was central. Regarding the ethical posture, therapists emphasised the importance of adjusting to their patients' situations, and the experts mainly cited the bioethical principles of beneficence, non-maleficence, equity and autonomy. The transition from the role of therapist to expert involves the relinquishment of the supportive and guiding function in favour of an investigative posture serving judicial authority, within a limited time frame. Our study suggests that tensions may emerge when transitioning between the roles of therapists and experts, particularly concerning issues such as confidentiality, beneficence, and the principles of objectivity and neutrality. Moreover, all participants in both focus groups suggested that prior therapeutic experience was an asset for experts, particularly if they were able to relinquish any therapeutic function. • The role of psychiatric assessment in the legal system has steadily increased, particularly in Switzerland. • Our qualitative study suggests that there are tensions in the switching of the roles from therapist to expert. • In particular, we identified ethical tensions, notably concerning issues such as confidentiality, beneficence, and the principles of objectivity and neutrality. • Prior therapeutic experience is described in the focus groups of our study as an asset for experts, particularly when they were able to relinquish any therapeutic function. • We recommend that experts receive specific training and have access to supervision by experienced peers to create a safe space for reflection. Furthermore, we suggest that each country establish an ethics committee dedicated to forensic psychiatry
Focus group · Forensic psychiatry · Forensic science · Qualitative analysis · Qualitative research · Counseling, Therapy, and Family Dynamics · Human Factors and Ergonomics · Psychopathy, Forensic Psychiatry, Sexual Offending · Psychotherapy Techniques and Applications
| Citation velocity | historical |
|---|---|
| Highly cited | No |