Application of Abnormal Psychology to Forensic Cases
Lawrence J. Raifman, J.D., Ph.D.
Johns Hopkins University
Department of Psychological & Brain Sciences
Summer 2012
Application of Abnormal Psychology to Forensic Cases is an introduction to the application of
forensic mental health concepts to issues of civil commitment of sex offenders, criminal defendants
review of competence to stand trial, and defenses to culpability based upon mental disorder,
including guilty but mentally ill, mens rea negation, and the absence of criminal responsibility.
The course will evaluate forensic psychologist diagnosis and evaluation of criminal defendants.
Instructor information:
Lawrence J. Raifman, J.D., Ph.D.
Adjunct, Department of Psychology and Brain Sciences
ljraifman@gmail.com
443 904 2816
Ann Jarema, ajarema@jhu.edu
Miriam D'Onofrio <mdonofr2@jhu.edu>,
Carlos Cordero canicor2@yahoo.com" <canicor2@yahoo.com>,
Teaching Assistant, Department of Psychology and Brain Sciences
Course objectives
Q: What will I get out of the course?
A: You should consider taking this course if you want to:
• Understand the major professional practice issues at the nexus of mental health and the law.
• Understand the roles forensic experts, their contributions to the criminal and civil court justice,
and their strengths and weaknesses as an expert witness.
• Understand the nature of legal rights of criminal defendant who suffer from a mental disorder,
and identify the sources of individual rights vis-a-vis the government’s right to deprive a mentally
ill person of liberty by commitment into a mental hospital.
• Develop reasoning skills that will enable you to analyze mental disorder diagnoses, and provide
court opinions concerning forensic mental health matters.
• Recognize and analyze several prominent controversies impacting forensic mental health
practitioners.
Assignments
1. HOMEWORK: You will be presented with 3 short essay questions that are designed to
deepen your understanding of the cases and give you practice applying what you have
learned from case scenarios. Each answer is to be no more than 3 single-spaced pages.
Be prepared to select one of the following cases. The class will be divided into three sections
based upon your selection.
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Advanced topics in Forensic Psychology
1. Anders B. Breivik, the Norwegian who is currently charged with murdering seventy-seven
persons in July 2011, was determined in a preliminary report to be insane, and sane in a
follow up report. His trial took place in May/June 2012, and a verdict is expected in
August, 2012.
2. Jared Loughner, who shot nineteen and killed six persons in an attempt to kill
Congresswoman Giffords in January 2011, was subsequently found not competent to
stand trial, and involuntarily treated with medication while committed into a federal
maximum security mental hospital.
3. A third case, Nidal Malik Hasan, an army psychiatrist, has been charged with thirteen
counts of murder and thirty two counts of attempted murder on November 5, 2009, in
connection with a shooting rampage at Ft. Hood, Texas. His trial was scheduled for trial
this year, but was postponed.
Each of these defendants had considered using a mental illness defense in response to
their alleged crimes.
We investigate who are these defendants? What differentiates those defendants who act
out of an extreme political ideology, persons with fundamentalist religious motives, and
persons who are delusional/mentally disordered?
IMPORTANT DATES
Homework 1
Homework 2
Homework 3
Final
Evaluation
Due
Diagnosis paper;
Wednesday, July 11th (2-3 pages)
Forensic Evaluation paper;
Monday, July 16th
(4-5 pages)
Forensic Evaluation paper
Wednesday, July 18th (4-5 pages)
Friday, July 20, 2012
Grading Criteria
1. HOMEWORK: The homework question you select will be graded and worth 50% of
your overall course grade. Your two best homework paper grades (out of three) will be
used for purposes of determining your final grade.
2. Final EVALUATION: The exam will constitute 50% of the overall course grade and
will be an open book---you are free to rely upon sources from class and outside of class.
3. CLASS PARTICIPATION: Class participation will be evaluated qualitatively and
ratings will be used to move students, whose scores are near a grade cutoff point on the
final distribution and who have excellent class participation, up a half grade. Class
participation consists of three elements: attendance, preparation, and making thoughtful,
relevant contributions to class discussions.
Page 3 of 6
Advanced topics in Forensic Psychology
Additional Information
Policy on Academic Integrity: Please make sure you understand the following rules regarding
collaboration on assignments and academic integrity. If anything about these policies is unclear,
it is your responsibility to ask the instructor for clarification.
•
Homework Questions: Your responses to the homework questions must represent your
own work only. This is not a collaborative project. You should generate ideas for your
answers and write your answers on your own. When you derive facts or ideas from reading
and research, please indicate the source (It is not necessary to make attributions to course
lectures).
•
Classroom etiquette: Please be prepared to refrain from relying upon computers, cell
phones, or other devices during class, as these items are seductive, distract students from class
discussions, and diminish learning in a classroom environment. If you require a computer for
note taking, please ask for special permission. I reserve the right to call on students without
notice.
•
Course Evaluations: Johns Hopkins University requires completion of a course evaluation
for each course you take, and the forms are available on line. Your grade may not be
available until you submit the evaluation.
Course Schedule and Readings
I.
July 9, 2012: Introduction--1. What is forensic psychology? How does it differ from clinical psychology?
Jonas Rappeport, “Differences between forensic and general psychiatry,”
American Journal of Psychiatry, Vol 139, p. 331-5, March 1982.
2. How to make a diagnosis and write a legal opinion
Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition
http://allpsych.com/disorders/disorders_alpha.html
http://en.wikipedia.org/wiki/DSM-IV_Codes
American Law Institute Test for Criminal Responsibility
Diminished Capacity
3. Mass murder/suicide on university and high school campuses
a.
b.
c.
d.
Columbine High School massacre; Movie: Bowling for Columbine
Kip Kinkel, the killer at Thurston High: Frontline Program
Cho, the Virginia Tech shooter
Class Video: Virginia Tech Diagnostic Assessment
4. Application of a law directed at mentally ill persons: should mentally ill persons
be permitted to purchase guns?
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Advanced topics in Forensic Psychology
a. Joseph R. Stimpson, “Bad Risk? An overview of laws prohibiting possession
of firearms by individuals with a history of treatment for mental illness, Journal
American Academy of Psychiatry & Law, Volume 35, p. 330-8, 2007.
b. Virginia Firearms purchase eligibility Test
c. Matthew Barakat, “Rules should have barred weapon purchase,” Washington
Post, April 20, 2007
II.
July 10, 2012: Dual Diagnosis Offenders: Punishment v. Rehabilitation
1. Do Mentally ill defendants who commit crimes deserve punishment or
treatment?
D. J. Jaffe, “The Trouble with the Insanity Defense,” Wall Street Journal,
March 25 2010.
Yuval Melamed, “Mentally ill persons who commit crimes: punishment or
treatment?” Journal of the American Academy of Psychiatry & Law, Volume
38, p. 100-3, 2010.
2. Inventing diagnoses for civil commitment of rapists
Thomas K Zander, “Commentary: Inventing Diagnosis for civil commitment
of rapists,” Journal of the American Academy of Psychiatry & Law, Volume
36, p. 459-69, 2008.
3. Is civil commitment rehabilitation or punishment?
Thomas S. Szasz, “American Association for the abolition of involuntary
mental hospitalization,” Letters to the Editor, American Journal of Psychiatry,
Vol 127, p. 134, June 1971.
Judge David Bazelon Center for Mental Health Law, Position Statement on
Involuntary Commitment, http://bazelon.org.gravitatehosting.com/Where-WeStand/Self-Determination/Forced-Treatment/Outpatient-and-CivilCommitment.aspx
III.
July 11, 2012: Introduction to being an Expert
1. Discussion of intuitive and counter intuitive thinking: the Elizabeth Smart case
2. Introduction to criminal law (lecture notes made available)
3. Breivik, Hasan, and Loughner cases
Hasan:
http://en.wikipedia.org/wiki/Nidal_Malik_Hasan
Loughner:
http://en.wikipedia.org/wiki/Jared_Lee_Loughner
Breivik: http://en.wikipedia.org/wiki/Anders_Behring_Breivik
Beivik report: https://sites.google.com/site/breivikreport/
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IV.
Advanced topics in Forensic Psychology
July 12, 2012: Sexual disorders, Pedophilia and pleading insanity
Hendricks v. Kansas, http://www.law.cornell.edu/supct/html/95-1649.ZS.html
Adam J. Falk, NOTES AND COMMENTS: Sex Offenders, Mental Illness and Criminal
Responsibility: The Constitutional Boundaries of Civil Commitment
after Kansas v. Hendricks, 1999, 25 Am. J. L. and Med. 117
Use of DSM Paraphilia Diagnoses in Sexually Violent Predator Commitment Cases
Michael B. First, MD, and Robert L. Halon, PhD, J Am Acad Psychiatry Law 36:443–54, 2008
V.
July 13, 2012: Competency to stand trial.
1. John Salvi’s terrorist campaign against abortion clinics
Chip Berlet, “John Salvi Abortion Clinic Violent and Catholic Right
Conspiracism: The Politics of John Salvi's Conspiracy Theories,”
h ttp ://w w w .p u b lic e y e .o rg /rig h tist/sa lv i.h tm l, March 19, 1996.
PBS Frontline, “Murder on Abortion Row, John Salvi and the Insanity
Defense, Jhttp://www.pbs.org/wgbh/pages/frontline/salvi/
2. Kaczynski: Unibomber Case
http://www.washingtonpost.com/wp-srv/national/longterm/unabomber/bkgrdstories.htm
Unibomber Psychiatric Evaluation:
http://www.paulcooijmans.com/psychology/unabombreport.html
60 Minutes video on Unibomber family
http://www.cbsnews.com/video/watch/?id=7409386n
VI.
July 16, 2012: Not criminally responsible & Guilty but Mentally Ill
1. Turcotte found NCR: http://www.dailymotion.com/video/xjqv4x_quebec-md-notcriminally-responsible-for-killing-kids_news
Turcotte commitment: http://www.dailymotion.com/video/xm6bla_quebec-md-guyturcotte-faces-a-mental-health-board-of-review-after-killing-his-two-children_news
Release hearing:
http://www.montrealgazette.com/news/Turcotte+case+divides+doctors/6307123/story.ht
ml
Outcome:
http://www.montrealgazette.com/news/Child+killer+Turcotte+ordered+remain+Pinel+Ins
titute/6732326/story.html
2. Ron and Dan Lafferty, double murder in the name of God
Jon Krakauer, Under the Banner of Heaven: A story of violent faith, Doubleday, 2005.
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VII.
Advanced topics in Forensic Psychology
July 17, 2012 Defenses outside the mainstream
1. Yates and Laney, post partum psychosis, mother killing their children in Texas
2. John Lennon’s killer & Steven Speilberg’s stalker
3. Involuntary Intoxication, and Idiosyncratic Intoxication (pathological
intoxication); Final Analysis Film
4. Patty Hearst, Stockholm syndrome
5. Settled psychosis (Porreca v. State 433 A.2d 1204; Md. 1981,
VIII.
July 18, 2012
1. Erotomania and Stalking (Stephen Spielberg and John Lennon stalkers)
2. Rape Trauma Syndrome/False Memory Syndrome (Allewalt v. Maryland, 517 A.2d
741, Md. Ct. App. 1986, Baby case, 2007)
3. Post Traumatic Stress Disorder (Heads v. Louisiana, Vietnam Vet Syndrome)
4. Pyromania, Kleptomania, Road Rage
5. Battered child syndrome (Menendez brothers)
http://www.crimelibrary.com/notorious_murders/famous/menendez/index_1.html
6. Dissociative Disorders, Multiple Personality Disorder (State v. Grimsley, 444
NE2nd 1071, 982)
7. Jeffrey Dahmer : sexual disorder and insanity
8. Battered Spouse Syndrome (Bobbitt v. Bobbitt, and Iben Thamas v. U.S., 407 A.2nd
626, D.C. 1979, Remanded 455 A.2nd 893, 1983
IX.
X.
July 19, 2012
July 20, 2012
The strength of the university depends on academic and personal integrity. In this course,
you must be honest and truthful. Ethical violations include cheating on exams, plagiarism,
reuse of assignments, improper use of the Internet and electronic devices, unauthorized
collaboration, alteration of graded assignments, forgery and falsification, lying, facilitating
academic dishonesty, and unfair competition.
Report any violations you witness to the instructor. You may consult the associate dean of
students and/or the chairman of the Ethics Board beforehand. See the guide on “Academic
Ethics for Undergraduates” and the Ethics Board web site (http://ethics.jhu.edu) for more
information.