Comparative Case Analysis on Tourette’s Syndrome and its Criminal Liability

서지정보

· 발행기관 : 국민대학교 법학연구소
· 수록지 정보 : 법학논총 / 36권 / 2호 / 671 ~ 706페이지
· 저자명 : 이지나

초록

Tourette’s Syndrome, also frequently referred to as, tic disorders, are primarily characterized by involuntary, rapid, repetitive, and non-rhythmic actions or sounds, exhibit a diverse range of symptoms. Simple motor tics are quick and lack any real purpose, including eye blinks, facial grimaces, and shoulder shrugs. Simple vocal tics may encompass actions such as sniffing, coughing, clearing the throat, and whistling. Complex motor tics, on the other hand, as previously discussed in the cases above, use multiple muscle groups and may even seem purposeful. It includes actions such as jumping, kissing, manipulating objects, and mimicking other movements. Complex vocal tics may involve repeatedly repeating specific words or phrases until they feel just right, accompanied by variations in rhythm, tone, and speech rate. The condition of Tourette’s Syndrome rarely leads to criminal activity, but individuals with Tourette’s Syndrome who also exhibit a variety of behavioral traits may be at risk of criminal involvement. From a social perspective, it is important to assist organizations educate the general public about the Tourette's Syndrome. From a medical-legal perspective, it is crucial to enhance awareness within the legal community regarding the nature of the Tourette’s Syndrome and other associated symptoms. If it is deemed necessary, the court should openly admit the testimony of expert witnesses who can provide explanations on diminished legal responsibility issues, such as determining whether the individual’s conduct was committed intentionally. In court, understanding the intricacies of the Tourette’s Syndrome could help avert erroneous convictions, and future researches on the Tourette’s Syndrome should examine the causes of criminal act and convictions in individuals with Tourette’s Syndrome in addition to the statements provided by various expert witnesses in the filed of neuroscience. It is important for both the medical and legal professionals to acknowledge the vulnerability of this group and be cognizant of the potential for maltreatment within the justice system. Understanding the clinical consequences of Tourette’s Syndrome and its forensic psychiatric implications can improve referral and treatment and prevent double stigmatization.

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