Why would anyone admit to a crime if innocent? It betrays our basic instinct for self-preservation, not to mention basic common sense. The reasons are complex, involving characteristics of the false confessor and the tactics of police interrogation. Although counterintuitive, many of us are susceptible. Take Miguel, for example, an 18-year-old man I evaluated after…
What does it mean when we call someone a psychopath? Most people have heard the term bantered about, but what exactly is all the fuss and foreboding about when the specter of psychopathy rears its head? Though fetching and charismatic on the surface, the psychopathic individual narcissistic in style and without moral scruples. As such,…
At every turn there’s an HBO special Netflix series or new podcasts about murder, crime and the criminal mind. Witness the popularity of Making of a Murder a few years ago. And what about the Sopranos series or the decades long Law & Order franchises? This fascination is not new. Fifty years ago, some of…
In a survey released in 2016, 70% of Americans expressed a favorable attitude towards police. At the same time, almost half of Americans expressed the belief that “most” police officers think they are above the law. With the more recent tragedies involving police shooting, and the deaths of unarmed black citizens like George Floyd, many…
As I began my interview with Andrew, his bizarre thinking herniated forth. His speech rapid and tense, he shouted, “They’re forcing me to take them,” his antipsychotic medication. “It’s taken away the good voices. They tell me I’m going to heaven.” He then veered into the supernatural. He rambled about angels, sinfulness and angels informing…
The insanity defense as a legal concept was born in England, in 1843. A man named Daniel M’Naghten attempted to assassinate the British Prime Minister who he believed was conspiring against him. Due to his psychosis, the court acquitted him and thus established the Mr. M’Naghten Rule. It requires that a defendant is to be…
After less than two days of deliberation following Janice’s insanity trial, she was found guilty of first degree murder, meaning that Janice intentionally killed her eleven month old daughter Kimberly. Thus, the jurors reached the conclusion that Janice was sane, even after two experts, myself and the prosecution’s own expert, opined that she was insane.…
Jody and Donna were his first two victims. As they sat in Jody’s car in front of Donna’s house on a warm and muggy late summer evening in the Bronx, probably sharing stories of romance, David Berkowitz walked up with a .44 caliber Bulldog revolver and prematurely ended Jody’s life and critically wounded Donna. During…
Childhood is a nostalgic time for people. We often idealize what life was like before the obligations of adulthood, but the reality is that everyone goes through painful experiences. Whether it involves physical, psychological, or emotional pain, children aren’t 100% shielded from life’s hardships. Painful events can be caused by adults in the home, school,…
Some people are born with disabilities, while others become disabled because of traumatic accidents, medical conditions, or other life events. Neuropsychologists and neuroscientists have methods they use to check up on and diagnose people. Along with medical reasons, there are legal reasons why someone might need an evaluation for a disability. Conditions such as stroke,…
According to the National Institutes of Health (NIH), one study shows that up to 77% of juvenile offenders have used drugs in some capacity within 6 months prior to arrest. And I stses where marijuana have been legalized, it’s almost certain that the use of the drug has increased. For these reasons , the NIH…
People unfamiliar with the criminal justice system often use the terms “misdemeanor” and “felony” interchangeably. While both words denote that a crime or infraction may have been committed in the past, they’re not equally severe and aren’t subject to the same types of legal consequences. These words are used to put certain acts into a…
Concussions can be caused by sudden falls, violent shaking, or a blow to the head. They can cause a blood clot to form on the brain after the injury, hence the need to be vigilant of children and teens who enjoy contact sports or games. In some cases, they can cause a person to black…
When COVID19 upended our lives, everyone was told to wash their hands with soap and water, use a mask, and practice social distancing. While that has been a huge help to regular citizens with ready access to these resources, this advice is hard to apply in some circumstances. People in poverty, experiencing homelessness, or in…
If you like watching true crime films and TV, you’ve probably heard this phrase at one point, “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” There’s slightly more to this, but essentially this is the Miranda warning. The U.S. Constitution guarantees…
Several years ago, Netflix’s When They See Us made us revisit the case of the Exonerated Five, better known as the Central Park Five. We learned as five young Black men confessed to crimes they didn’t commit and even served six to 12 years of jail time despite their innocence. So why do people confess…
Prior to the 1950s, the study of crime in the United States traditionally focused on male behavior. Due to their limited roles in American society, women were not viewed as part of the equation and were therefore overlooked. The roles of women in society at that time were mostly confined to those defined by limited…
What is a “Psychopath”? Most people have heard the term, but many aren’t sure exactly what it means. On television, the term “psychopath” is frequently used interchangeably with terms like “psycho” and “psychotic,” but those terms don’t mean the same thing. A psychopath is an individual who exhibits a higher level of psychopathic traits than…
ADHD stands for Attention Deficit Hyperactivity Disorder. ADHD is a disorder that is frequently diagnosed during childhood although it often continues into adulthood. ADHD’s hallmark features include difficult paying attention, sustaining focus, and controlling impulsive behaviors. Individuals can also be hyperactive which means they display excessive amounts of physical activity. These symptoms make it difficult…
In order to participate in criminal proceedings, a defendant must have a rational and factual appreciation of the legal proceedings against them. If it appears that a defendant lacks sufficient understanding of the above, the judge, defense attorney, or prosecutor can “raise the issue of competency” (i.e., question whether the defendant meets the required legal…
Manslaughter and Murder. Both are forms of homicide. However, they are not the same. Both are distinct crimes with differing degrees and types. Each are considered “unlawful” (e.g., as opposed to killing someone in defense of oneself), yet they lead to different ranges of consequences. Manslaughter According to the Merriam-Webster Dictionary, Manslaughter is, “The unlawful…
Each time we have a mass shooting in the United States, a predictable conversation emerges. Like clockwork, media outlets immediately question the “cause” of the incident and speculate on the factors that may have led up to the latest mass shooting tragedy. Inevitably, the mental health history of the perpetrator is questioned: Was he mentally…
There are over 600,000 homeless people in the United States. Approximately 138,000 of those individuals are children. Although most people in the U.S. have never been homeless, many people have countless theories about the causes of homelessness, as well as the homeless themselves. One popular theory about the homeless is that many are mentally ill…
The DSM-5 is the go-to source for understanding, classifying, and explaining a variety of mental health disorders. It has been described by some as sort of a “bible” for mental health professionals, as they heavily rely on it when diagnosing individuals with a mental illness. But what exactly is it? In fact, it’s not a…
The problem of juvenile crime has plagued American society for decades. State legislatures, prosecutors, and other officials have taken a wide variety of approaches when dealing with youthful offenders. In many cases, minors are tried in the juvenile justice system, but there are some situations in which the seriousness of the crimes may need to…
Most people have probably heard of the insanity defense, in which a person who has committed a crime pleads “not guilty by reason of insanity” and claims that a mental illness caused them to act illegally. This might seem like an easy way to get out of being held responsible for breaking the law, especially…
Is criminal behavior the result of one’s genetic makeup – the “Bad Seed” idea– or due to environmental influences like early child abuse, neglect or poverty? What’s most influential, your biology or life circumstance? How much of our individuality is due to genetic or environmental factors? Although you share both parents’ genes equally, you might…
It’s important that you understand what the above statistics mean, and what they do not mean. A 50% genetic risk does not mean that a single individual is at a 50% risk. It only means that of 100 people with that degree of genetic disposition, 50 of them will exhibit the trait. It’s never clear…
I received a phone call from a private defense attorney, Mr. Barr, asking me to interview his client, Eugene, who had recently been arrested for violating a restraining order that was filed by his girlfriend and for subsequently assaulting her. Mr. Barr said Eugene was mentally confused throughout their conversation. He mumbled to himself, with…
For the most part, the defendants I examine have been accused of committing bad acts, like taking a life. To be found blameworthy of a crime, a defendant’s behavior must be accompanied by a guilty state of mind. In legal lingo, it’s referred to as the mens rea portion of a crime: the malicious intent…
The justice system is a gumbo of complex laws and regulations born out of centuries-old English doctrines, statutes and case law decisions, all of which define the boundaries between legal and criminal behavior. Murder, for instance, is defined by the unlawful taking of another’s life. It’s not against the law to kill in self-defense. And,…
Freud called it the Id, that most elementary part of our make-up that is a cauldron of fiery impulses, innate urges and self-serving primal desires. Left unrestrained, it could lead to personal and social chaos. It’s a part of us that is usually regulated and controlled by our identifications with loved ones, early socialization, fear,…
Human beings, both men and women, are aggressive. The male gender is especially violent. Worldwide, 90% of all homicides are done by men. In the United States, the homicide rate is 5 per 100,000. In Canada, it’s 2 per 100,000 and Mexico it’s 19 per 100,000. Those statistics reveal that raw violence is not just…
Contrary to popular perceptions, aggression is not a learned behavior: It’s an inborn potential and must be tamed over time. A child’s early experience with adults who are nurturing and model respect for others, yet are capable of exercising discipline and set limits when necessary, will help that child to grow into an understanding adult,…
Two months after the birth of her first child, Lucy filled up the bathtub and submerged her nude baby under water until she died. She then cut her wrist, swallowed a bottle of her antidepressant medication and a handful of aspirins. Lying on the bathroom floor, she slowly lost consciousness. Returning home from work, her…
As I explained in an earlier blog (The Law’s View of Human Nature), the entire structure of criminal jurisprudence boils down to a few simple folk psychological questions: What were the defendant’s motivations, desires, and intentions at the time of the crime? If he were motivated to commit the crime, what was the measure of…
Ray is a 25-year-old transplant from Oregon, moved to southern California in search of sunshine and excitement. He ended up getting hospitalized for erratic behavior and diagnosed with a Bipolar Disorder. One night, after forgetting to take his Lithium, he’s at a bar having a drink and watching a football game on the big screen.…