The High Court last week caused an uproar by overturning the guilty verdict against Liang Tsung-ming (梁崇銘) for killing and beheading his mother while on drugs. According to the National Judge Act (國民法官法), passed last month, “citizen judges” are to participate in the court of first instance for criminal cases once the bill takes effect in 2023. The High Court’s reason for overturning the verdict sets a negative example and does little to increase public trust in the judiciary.
The High Court said in a statement that it based its reasoning on the defendant’s psychiatric assessment, as he committed the crime while under the influence of cathinone and therefore should not be punished, as he might have lacked the ability to apply sound judgement.
However, as the High Court essentially slapped the Taoyuan District Court in the face by overturning its guilty verdict, it should explain why the prosecutor and judge in the court of first instance failed to notice that the defendant had “lost his mind” when committing the crime.
Whether a mental disorder affected the defendant’s mental state is a medical issue, but whether he should face legal repercussions is fully or partially a judicial issue.
The High Court should not hide behind the psychiatric assessment when overturning the guilty ruling.
Instead, it should explain how the defendant might have lacked the ability to apply sound judgement, and why its ruling is completely different from that of the prosecutor and judge in the court of first instance.
If it does not explain the ruling, the government’s push for judicial reform by inviting the public to participate in the court of first instance would only widen the gap between the public and the judiciary, as professional judges in the court of second instance overturn the verdicts of citizen judges.
Data on the judicial system in Japan show that most psychiatrists have different opinions on the standards for determining whether a defendant lacks the ability to act rationally, and doctors are only in agreement on about one-third of the cases.
To avoid disagreements on whether a defendant should be punished and to what degree, courts, prosecutors and the defense discuss the facts and evidence to clarify legal issues in controversial cases, and prevent situations where experts from opposing teams give different opinions or judges in different courts issue contradictory rulings.
Moreover, in Japan’s judicial system, experts only focus on the effects of a defendant’s state of mind on the action, while the court decides the sentencing based on that analysis and other evidence.
In Taiwan, judges have exclusive power to appoint experts. As a result, courts offer no explanation for the standards and reasoning of an appointment, expert analysis and even the content of a controversial assessment, leaving the outside world in the dark.
The High Court’s claim that the defendant lacked sound judgement is difficult to evaluate and monitor objectively.
A criminal trial is the last line of defense for fairness and justice. In this case, should Liang be considered a defendant or a “patient”?
The reasoning behind the High Court’s verdict is confusing and the appointment of the appraiser fell short of public expectations. Under these circumstances, public participation in trials might be in vain.
Lin Yu-shun is a professor at Central Police University’s Department of Criminal Investigation.
Translated by Eddy Chang
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