Psychology and Law

Psychology and Law • Expert testimony • Forensic Assessment • Child custody disputes • Insanity defense • Criminal Profiling • Predicting Dangerousness

Outline of week’s topics • Insanity defense • History of Legal provisions • Cases – Dahmer, Menendez, Hinckley • Non Pathological criminal incapacity (SA) • History of Legal provisions • Cases – Chretien, Moses • Expert Testimony • Problems and considerations – de Kock and the TRC. • Socially responsible expert testimony

Law Deals in Absolutes Concerned with the particular Concepts of self control, responsibility, morality Free Will Search for justice Protection of society Psychology Deals in Relative terms Interested in the general, extrapolation Discourse of Illness/ Medical model Determinism & Biopsychosocial causality Search for facts re. Human behaviour. Protecting the individual Law vs. Psychology

Insanity Defense • Jeffrey Dahmer • Crime • Background • Expert Testimony • Diagnosis?

Insanity Defense • History • McNaghten 1843 • Persecution complex  attempt to kill PM Sir Robert Peel • Accidentally shoots secretary • Found NGRI • Disposition – Lunatic asylum 22 years • McNaghten rules • The accused must suffer from a disease of the mind of such severity that the accused was incapable either of knowing the act was wrong or of understanding the nature of the act. • Purely cognitive test • Fairly strict – not enough to have delusion – must be relevant to act. E.g. delusion of rumours should not  murder

Insanity defense – History continued…. • Historically the NGRI plea only used to evade the death sentence • Incarceration in prison largely preferable to psychiatric commitment • Conditions • Prospects for release • 1954 Bazelon • Concern that disproportionate representation of socially deprived in Criminal justice system. • Desire for rehabilitation in good mental institutions

ALI test 1955 • Adds to McNaghten’s test a volitional component • A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirement of law. • Volition = ability to control self • Most controversial aspect of insanity defense

Jeffrey Dahmer • Cannibalistic killings • ‘Uncontrollable’ urge to have sex with unconscious victims • 17 victims drugged, lobotomized, dissected • No hallucinations or delusions • Almost caught when one boy tried to escape • Found guilty  936 years in prison without parole. Why did NGRI defense not succeed?

Disorders of legal significance • Need to know how the mental illness concerned affected either cognition or volition • 89% of successful pleas either schizophrenic or mentally retarded • Schizophrenia • Loss of integrated functioning • Paranoia/delusional thinking • Hallucinations

Disorders of legal significance continued • Bipolar • Can have mania, psychotic features • MPD/DID • A subtype of PTSD • Western disorder, = possession states? • “I find you all guilty!” • PTSD

Impulse Control Disorders • What are they? • Inability to resist urge  tension  act  release • Examples: • Pathological gambling • Kleptomania • Paraphilias • Homosexual Panic! DSMI • Policeman at elbow • Disorders of self control or disorders of intent?

Syndrome evidence • Battered spouse syndrome • Battered Child syndrome – Menendez • Lyle (age 25) and Erik Menendez (age 23) • Killed parents with shotgun while watching TV • 911 call – good actors • After murder – shopping spree • Claimed years of emotional & sexual abuse • Deadlocked juries – manslaughter vs. murder. • Were these murders result of ‘irresistible impulse’?

Psychopathy • Unsocialised Individuals • DSM criteria • Circular definition • Excluded specifically in ALI • South African provision

Diagnostic vs. Legal concepts • Changes in diagnostic categories – e.g.. Homosexuality • Many different diagnostic systems – DSM, ICD10 • Some disorders have higher scientific status than others •  Battle of expert witnesses • Consequences of disorder  seek help e.g. alc. abuse, gambling  gamblers anonymous vs. stealing. • Relevance of the mental illness to act – disease must have bearing on either volition or cognition. • DSM IV now contains warning re. use outside clinical setting.

Burden of proof • On the accused • Used to be on state until Hinckley • Hinkley • Background • Crime • Expert Testimony • Verdict • Reasons for this verdict?

Insanity defense concluded • Public tends to hysteria but…mostly due to high profile cases e.g. Menendez • Reality: Very few successful NGRI pleas • < 1% attempt plea, of these < 25% successful • Time imprisoned about the same as prison offenders • Recidivism less than prison offenders • More serious the crime, the more difficult to plead successfully • Mental institution – periodic reviews of detainee to balance individual rights/public safety • Is the defense objective in practice?

References • Reznek, L. (1997). Evil or Ill: justifying the insanity defense. London: Routledge. • Slovenko, R. (1995). Psychiatry and Criminal Culpability. New York: John Wiley & Sons

Psychology and Law