Social representation of social expert reports in court judgements: a relevant analysis for forensic social work

Abstract

This article presents a novel contribution in the judicial field by analysing the social representation of expert reports in judgments handed down in Spain from 2000 to 2019. Social expert opinions are presented as evidence in court proceedings to assist judges in decision-making, and despite their distinction and contribution, they are currently an underexplored field. The aim of this article is significant in that it allows evidence to be generated through analysis of the themes or issues that appear in judgments together with the content used by judges to uphold or reject claims. The analytical strategy is based on lexicometry using Iramuteq software, allowing for the examination and categorisation of the lexical worlds, the type of relationships established between terms and the contextual-relational dimension of the conditions of production of judicial discourse concerning social expert reports. The results show a close relationship between social expert reports and cases involving minors, especially in the allocation of custody, and shed light on the contribution of these reports through the measurement of social harm in other areas such as medical malpractice. Social harm appears in our analysis as a novel concept that is beginning to appear in judgements following the approval of the new traffic tariff. This means entering a new field of study in which social work must play a key role, leading the measurement of this social harm through social expert reports