Battle of the Experts: Dietz vs. Resnick on the Insanity of Andrea Yates
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
10M ago
Introduction In 2001, the nation was captivated by the highly-publicized Andrea Yates trial. Yates, a Texas mother, was accused of killing her five children by drowning them. Beyond the case's inherent tragedy, complex problems with mental health, postpartum depression, psychosis, and the application of the insanity defense captured the attention of the public. Drs. Park Dietz and Phillip Resnick, two renowned forensic psychiatrists, emerged as significant witnesses during the trial and provided contrasting expert judgments. Park Dietz and the Prosecution The prosecution's case against Andrea ..read more
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Insanity and Postpartum Psychosis: Women Who Kill Their Children
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
10M ago
The journey of motherhood, commonly perceived as an enriching and joyful experience, can sometimes take a dark and devastating turn for some women. Postpartum psychosis, a rare but severe mental health condition that can develop following childbirth, has the potential to lead a mother to commit unthinkable acts, including harm to her own child. In the most tragic cases, this could manifest as maternal filicide, that is, the act of a mother killing her child. Michele Davidson, an expert on postpartum psychosis and board member of Postpartum Support International, shared that around 5% of mothe ..read more
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Who Were the Mad Doctors?
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
2y ago
In this article, we will discuss the history of the mad doctors and their important role in establishing the insanity defense as we know it today. Emerging in the late 18th century, the mad doctors transformed the general understanding of mental illness and its role during criminal trials. The History of the Mad Doctors The mad doctors were the first professionals in the field of psychiatry that began emerging during the late 18th and early 19th centuries. In Victorian England, there was a rapid and growing response to madness firstly with private and for-profit madhouses and then later with ..read more
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What Can Science Tell Us About Competency to Stand Trial?
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
2y ago
Competency to Stand Trial Competency to stand trial is a core issue which is prevalent in the areas of forensic psychology and mental health law (Cruise & Rogers, 1999). Determination of competency to stand trial is the most common inquiry associated with mental health in the criminal justice system (Chien et al., 2016). Competency to stand trial encompasses multiple factors that are explained in Psychological Evaluation for the Courts: A Handbook for Mental Health Professionals and Lawyers (Melton, Petrila, Poythress, & Slobogin, 2007). These factors include: understanding the curren ..read more
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Why does Intellectual Disability Prohibit Execution?
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
2y ago
Atkins v. Virginia In 1996, 18-year-old Darly Renard Atkins was tried and found guilty of kidnapping, armed robbery, and murder. Atkins was sentenced to death. The Virginia Supreme Court later ordered a second sentencing hearing due to the trial court’s use of a verdict form which was found to be misleading. A forensic psychologist declared that the defendant had an IQ of 59 and was mildly mentally retarded as evidenced by his vocabulary, intellectual level, and behavior. Atkins was again sentenced to death. In 2002, the United States Supreme Court held in Atkins v. Virginia, 536 U.S. 304 (20 ..read more
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What is Corporate Psychopathy & How Do We Measure It?
Expert Psychological Evaluations
by Elma Pašić and Benjamin Silber, Ph.D.
2y ago
Before we learn more about psychopathy in the corporate setting, we must first understand what psychopathy is. Psychopathy is a clinical personality disorder defined by a constellation of affective and behavioral symptoms. Major symptoms of psychopathy consist of shallow affect; lack of empathy, guilt, and remorse; irresponsibility; impulsivity; and poor planning and decision-making (Kiehl & Hoffman, 2011). The best current estimate suggests that less than 1% of all non-institutionalized adults meet criteria for the disorder (Hare, 1996). However, the base rate of psychopathy is higher in ..read more
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Why do people falsely confess?
Expert Psychological Evaluations
by Elma Pašić and Benjamin Silber, Ph.D.
2y ago
Custodial interrogation: What are the background factors associated with claims of false confession to police? In this article, we review the work of Gudjonsson, et al., on the important topic of false confessions to police and the background factors which were identified as associated. In particular, the researchers explored the relationship between false confessions during detention and reporting of harmful life events (e.g., abuse, self-harm, and previous psychological/psychiatric treatment). A total of 1,896 students in further education in Iceland (ages 15 to 24) worked on the survey and ..read more
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What is Insanity?
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
2y ago
Insanity, often referred to as criminal responsibility, evaluations are an examination of the defendant’s mental state and capacities at the time of the alleged offenses. These evaluations are typically requested when there are concerns the defendant’s alleged criminal behaviors may have been the result of a mental disorder and the defendant was not criminally responsible. Individuals found not guilty by reason of mental disease or defect (or insanity) are typically acquitted of their criminal charges. Depending on the nature of the charges and jurisdiction, the defendant may instead be commi ..read more
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What does a Forensic Psychologist Do?
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
2y ago
This can vary, but generally, the job of a forensic psychologist is to better inform the legal system or a legal process with their expert knowledge of psychology, human behavior, and/or the mind. The court, a business, a lawyer, a government agency, or some other interested party will request that a forensic psychologist perform a psychological evaluation or consultation in order to answer a specific legal question or offer guidance for some legal issue. These legal questions are often broken down into two categories: civil and criminal. Below are examples of these (Note: the nature of these ..read more
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Is the Insanity Defense Fair?
Expert Psychological Evaluations
by Benjamin Silber, Ph.D., ABPP
2y ago
Those who are mentally ill at the time of the commission of a crime may be found “insane” or not guilty by reason of insanity (or mental disease or defect, depending on jurisdiction). Rather than going to prison, the individual is sent to a hospital where they receive treatment. Individuals who are found guilty may face life in prison or even the death penalty. So is the insanity defense fair? Is the insanity defense necessary? Based on the consequences (prison vs. hospitalization) of a criminal act, there might seem to be an unfair bias toward those with mental illness. It may also seem that ..read more
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