Again on the Problem of „Uncontrollable Affect“

Overview

Based on the example of murder committed by a 23-year-old man the authors express their disagreementwith the term „uncontrollable affect“ which was used in the expert opinion led to anexculpatory conclusion because a pathic affect was involved and the second expert opinion mentionedonly a simple and not very serious affect and the involved subject was able to differentiateand control his action. After a detailed analysis of the cause and development of fatal aggressionthe authors object to the term „uncontrollable affect“ and its confounding description of the legaland psychiatric psychological concept.The authors consider the already frequently criticized and refuted term „uncontrollable affect“and the thus described conclusion which led to diminution of differentiating and control capacitiesinacceptable. In their opinion this description interferes in an inappropriate way with thecompetence and decision of the law court. Experts should only evaluate whether a given subjectwas or was not mentally ill and analyze from this aspect the motivation of his action. It is not upto experts to evaluate whether and how the offender controlled his mental processes.

Key words:
uncontrollable affect, offender, murder, motivational factors, mental processes.