Some defendants desire to be punished. Sometimes psychotic motivations underlie punishment-seeking behavior; sometimes they do not. The defendant's clinical status is relevant to his competency to stand trial and to waive other rights. These issues are illustrated by presentation of a case of a defendant who sought punishment. The importance of psychiatric assessments of these defendants is emp...

Deciding to raise an insanity defense carries serious consequences. This is especially true for persons charged with minor offenses, for whom an acquittal not guilty by reason of insanity (NGRI) might lead to a longer period of incarceration than would conviction. Before raising an insanity defense, a defendant should be provided with information necessary to make an informed decision and shoul...

This Article uses unique data from over 300 criminal trials in four large counties to study the relations between the existence of a prior criminal record and defendants testifying at trial, between defendants testifying at trial and juries’ learning about criminal records, and between juries’ learning about criminal records and their decisions to convict or acquit. Sixty percent of defendants ...

Psychotropic medications are often crucial in restoring criminal defendants to competency to stand trial. However, some defendants committed for competency evaluations or restoration refuse medications. Thus, psychiatric professionals who work in jails and secure hospitals, and even in community mental health settings, may encounter questions about involuntarily medicating patients who are inco...

involve medical issues, and there are many traps for the unwary, particularly when the quality of the medical care is at issue. Virtually without exception, any injury case with substantial damages will become entangled with medical issues. There will always be issues of how to maximize the economic damages, usually dependent on numerous, sophisticated medical analyses. If medical malfeasance i...

Executive Summary This report presents the results of a research project comparing defendant perceptions of fairness in the Red Hook Community Justice Center (Red Hook) and a traditional centralized criminal court. Nearly 400 defendants, who were seen at either Red Hook or the traditional court in summer 2005, took part in a survey comparing their perceptions of the treatment they received. The...