Psychopathology Functional Capacity and the Limits of Forensic Diagnosis

A psychiatric diagnosis does not independently establish violence risk, legal incapacity, or criminal responsibility. Forensic reasoning requires an additional analysis of functioning, time, and the applicable legal question. This conceptual article develops Chapter 10 of the source manuscript through a focused narrative review of DSM-5-TR, ICD-11 clinical guidance, competence assessment, and response validity. It asks how diagnostic information can inform a legal evaluation without substituting a category for evidence of relevant abilities. An original functional nexus framework is proposed to distinguish symptoms, observed performance, contextual supports, temporal reconstruction, and competing explanations. A research design using matched case packets would test whether the framework reduces diagnostic anchoring and improves readers' understanding of uncertainty. No participants were diagnosed, and no real legal opinions or empirical results are reported. The article concludes that classification is useful when its purpose and limits are explicit and when conclusions about functioning are supported independently of the diagnostic label.

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Publication Details

Journal
CrimRxiv
Published
2026-11-02
DOI
https://doi.org/10.21428/cb6ab371.3c223b58
Primary Topic
Psychopathy, Forensic Psychiatry, Sexual Offending
Type
preprint
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Psychopathology Functional Capacity and the Limits of Forensic Diagnosis

ANDRES SALAVERRIA GALVAN
1 links
CrimRxiv
Psychopathy, Forensic Psychiatry, Sexual Offending
preprint

Psychopathology Functional Capacity and the Limits of Forensic Diagnosis

ANDRES SALAVERRIA GALVAN
preprint en

Abstract

A psychiatric diagnosis does not independently establish violence risk, legal incapacity, or criminal responsibility. Forensic reasoning requires an additional analysis of functioning, time, and the applicable legal question. This conceptual article develops Chapter 10 of the source manuscript through a focused narrative review of DSM-5-TR, ICD-11 clinical guidance, competence assessment, and response validity. It asks how diagnostic information can inform a legal evaluation without substituting a category for evidence of relevant abilities. An original functional nexus framework is proposed to distinguish symptoms, observed performance, contextual supports, temporal reconstruction, and competing explanations. A research design using matched case packets would test whether the framework reduces diagnostic anchoring and improves readers' understanding of uncertainty. No participants were diagnosed, and no real legal opinions or empirical results are reported. The article concludes that classification is useful when its purpose and limits are explicit and when conclusions about functioning are supported independently of the diagnostic label.

CrimRxiv
Peace, justice, and strong institutions, Good health and well-being
Psychopathy, Forensic Psychiatry, Sexual Offending
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