Looking back and looking ahead in forensic psychiatry
Summary: In this paper some historical reasons are mentioned for the good mutual understanding in the Netherlands between the magistracy and the forensic experts. Some vignettes illustrate how the magistracy closely followed the development of the behavioural sciences. Such is not the case with the Dutch legislator, who seems to come up again with the dichotomy; the 'either... or' thinking. For instance, the idea that everyone who is not capable of saying explicitly that he/or she is in a hospital at his own free will, should be considered as an unvoluntary admission, and thus submitted to a regular juridical procedure, is more or less ridiculous. For certain feeble-minded persons or extremely demented persons this has only enhanced the bureaucracy and not the care. Psychiatry is now in danger of being subject to juridical procedures which are not intended for the health of patients nor for the good of society.