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-Class, age and race bias involved (property and voter tax records, drivers license records) -Check people in unemployment housing, receiving unemployment benefits |
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Simbyonese Liberation Army Trial |
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-Impartial jury impossible, gave prosecution advantage. -Jury selected according to voting records -1/4 jury over 60, 1 under 30, 1 African American -Excused most minorities because they didn't believe people were equal before the law -Prosecutor wanted whites because they weren't in court often and would accept myths of justice system |
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-Kidnapped by SLA -Brainwashed, Stockholm Syndrome -Robbed on their behalf |
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Involved in 1970's crime spree of SLA |
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That everyone is equal before the law. If the jury believes this myth, the jury is already biased against the defendant, a member of a radical politcal group. |
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Psychiatrists in criminal trials |
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-"Can turn day into night" -Commission of a horrible crim is proof to many that a person is mentally ill |
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-David Berkowitz killed many people in NY, argued that a German shepherd sam told him to do it. -Public still called for criminal charges -Problem of relationship between crim and mental illness |
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Sirhan Sirhan killed Bobby Kennedy |
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-Testimony of psychiatrists split on the issue of his sanity -Indicates a problem with definition of mental illness |
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Pseudo-psychiatric patients |
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-Rosenham study:8 peole who went to psychiatric hospital and claimed they were crazy because they heard words "empty" and "thud". -Staff could not tell they were faking, all admitted. Only patients saw they were faking. -Study angered psychiatrist and challenged them to find fake patient. -Ethical problem if study leads hospital staff to turn away true cases |
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Fire chief in Columbia (90s) |
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-Thrown out by wife, snuck back in, saw her with another man, chased the lover and shot him. Found not guilty by reason of temporary insanity. -Because innocent, got gun back -Example of how psychiatry can manipulate the court |
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-Issue during Satanic ritual abuse cases of 1980s -Some people who claimed to be victims were not real victims. Memories formed by therapy -1990:False Memory Syndrome Foundation was formed to fight dishonest psychiatric techniques (Memory Wars) |
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Memory enhancements techniques |
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-Dream analysis and hypnosis suggested child abuse. Person struggling with difficult psychological problems latch onto the suggestion to explain their problems -Columbia case: Sports writer from Tribune murdered by Ryan Fergeson/Chuck Erickson 4 years ago. -Erickson claimed he had delayed memory syndrome, repressed the memory of murder -Both sentenced to prison. CBS news devoted a segment of 60 minutes to his oppressed memories. |
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History of psychiatry in court |
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-Early 1800s: Psychiatrists portrayed themselves ad "observers of essence of insanity", only they had knowledge of who was insane -Definition of insanity was undergoing rapid change in 1800s. Ordinary citizens couldn't see it, required special training. -Witnesses in American courts are limited to reporting their direct sensory perceptions. Psychiatrists, on the other hand can draw inferences on how they interpret behaviors |
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-150 years ago, England, major precedent set -Used to determine if someone is insane or criminally responsible. |
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-1944 in Washington D.C. -Monty Durham convicted of house breaking. Psychiatrists testified he was psychopathic. Cort held he was mentally unfit. Even if he knew the difference between right and wrong, he was was still a psychopath because he heard voices. Not criminally responsible -Since been discarded -Congress ruled that offenders would be sentenced to prison even if not found guilty under Durham rule -Liberals argued this rule was better because it was more lenient and involved more psychiatry. -Problem with the rule: Doesn't depend on traditional definiton. Sentenced because a psychiatrist said you had a mental illness. |
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-Attempted assassination of Reagan. -Claimed inspiration from Taxi Driver. Plan to kill Reagan and sweep Jodi Foster off her feet. -Caused states to change laws to say a person can be both guilty and mentally ill. |
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-Adopted by CA -If psychiatrists say you are half crazy, not punished to full extent. |
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-Dan White, city alderman, killed Harvey Milk and George Mesconie -Used Twinkie defense:Argued that sugar in the junk food made him temporarily insane -Sentenced under diminished capacity for only 5 years, released and killed himself. -Gay community protested the sentencing |
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Psychology in the justice system |
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-Psychiatrists haven't decided on the definition of crazy -CA has abandoned the diminished capacity law -In some cases, judges declare the accused is incompetent to stand trial -If they're committed, their time in psychiatric facility doesn't count towards penal sentence -We're harsher on the mentally incompetent -Some people hold that there should be no trial for people who are mentally incompetent once released from psychiatric facility |
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Gives right to speedy trial (even for mentally ill) |
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-Guarantees that no one should be forced to testify against themselves -Is "mind tapping" by psychiatrists fair? -Also guarantees no double-jeopardy -But: People who are committed before their trial and sentencing are in fact punished twice |
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-What about psychiatrists who can search inner recesses of your mind? Is that legal? |
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Issues about psychiatrists and the law |
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-Usually the poor are forced to undergo psychiatric evaluation. Don't have qualified defense to stop their commitment -Competence to stand trial -Defenant is not required to stand trial because they are simply not mentally up to the stress -Galliher says it's a good idea in some cases, the only practical solution |
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-Tried to serve as his own attorney, not allowed -Tied and gagged in his own trial |
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-Cultural events that focus human attention on particular type of crime -Examples: Man Act of 1910. Great concern about sex before marriage. Salem witch trials. -Also: 1920s concern about heroin and cocaine, 1930s concern about Mexican immigration and marijuana, 1980s/90s crack epidemic followed by meth concerns and missing children waves |
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Why so much concern about kidnapped children? |
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-Reflects fear of destruction of the ideal American Family -Effects of missing child crime wave/fear |
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Stranger Danger Program in kindergarten |
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-When Reagan took office in 1981, Republicans blamed violent crime on lax Democrats. |
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-Famous criminologist from USC -Media under reporting the killing of black males -Over reporting of white crime victims -Builds fear and feeds racism |
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-The kind of journalism that sells best is that which doesn't challenge the reader's stereotypes -90s:Crime went down for a decade -We are crime capital of the world -3 things led to the decrease of crime in the US... *% of national population in high risk ages decreased significantly *Roe v. Wade (fewer births now that abortion was legal) *Economy expanded |
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-Court records -Police records -Any change in emphasis in police department |
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