Question from a reader:
What is the reason for needing a psychological evaluation to assess criminal responsibility? I feel that it might not be necessary, and that it would be better to proceed with prosecution quickly. What do you all think?

The Importance of Criminal Responsibility and Psychological Evaluation

This question from a reader touches on a very interesting theme. I
would like to explain whether a psychological evaluation is necessary to assess criminal responsibility and why this process is important, incorporating my own opinions.

What is Criminal Responsibility?

First, let me briefly explain the term “criminal responsibility.” Criminal responsibility refers to how well a person understands and can control their actions when committing a crime. In other words, it is judged from the perspective of whether they could understand that “this action is wrong” and whether they could choose to engage in that behavior. To make such judgments, a psychological evaluation is necessary. This is because mental states vary greatly from person to person. For example, someone may lack normal judgment due to stress or mental illness. In such situations, is it really fair to hold them accountable for societal expectations?

The Process of Psychological Evaluation

Now, let’s consider how psychological evaluations are conducted. Psychiatrists or psychologists assess the mental state of the defendant and make a diagnosis. During this process, past medical history, behavioral patterns, and even family and social environments are taken into account. This is important because we cannot simply categorize someone as a “bad person” just because they committed a crime. For instance, I know of a case where a man had suffered from mental health issues for a long time. He struggled to adapt to society, and his mental state deteriorated due to feelings of loneliness, ultimately leading him to commit a crime. However, underlying this was a lack of appropriate treatment and support. In such cases, prosecuting someone without considering their mental health issues could hinder their rehabilitation.

The Importance from a Social Perspective

When considering why psychological evaluations are necessary, the social perspective is also important. The society we live in is not solely focused on “punishment.” It requires preventing recidivism and providing support not only for victims but also for offenders through proper understanding and assistance. Imagine if a friend or family member of yours had mental health issues and was treated as just a “criminal” without anyone knowing their situation. How would that make you feel? I think it would be very distressing. We need to understand these individual circumstances and work towards building a better society.

The Relationship Between the Legal System and Psychological Evaluation

In Japan’s legal system, psychological evaluations play a very important role. Article 39 of the Criminal Procedure Law states, “A person with a mental disorder cannot be held responsible for their actions.” This shows fair treatment for individuals with mental health issues. Without psychological evaluations, someone could simply be deemed “guilty for committing a crime.” This would not only fail to address the essence of the problem but also increase the risk of reoffending. It is a social loss when individuals who need mental support or treatment are incarcerated without receiving appropriate assistance.

My Thoughts

In this way, I believe that psychological evaluations are not just a process but an important means of understanding the humanity of the defendant. Indeed, it may seem more efficient to proceed with prosecution quickly. However, I believe the purpose of the law is not merely to punish but to uncover the truth and improve society. For example, I often find myself experiencing misunderstandings in my daily life during communication with friends and family. There are many moments that make me think, “What was I thinking at that time?” Similarly, behind crimes, there are many stories hidden.

In Conclusion

Psychological evaluations to assess criminal responsibility are an essential process for understanding individual circumstances and considering the overall benefit to society. We should avoid rushing to prosecution at the expense of overlooking important human aspects. We must pursue not only adherence to the law but also social justice. Through the process of psychological evaluation, we can deepen our understanding and work towards preventing recidivism. That is why psychological evaluations are necessary. With this perspective in mind, I hope we continue to think about our laws and society. What do you think? I would be happy if this blog serves as a starting point for some reflection.