YEAR	DEFENSE CASES	AUTHOR	SOURCE	SELECTION	ABSTRACT
2009	The insanity defense in military court	Elin Berg MD, PhD	Psychiatry CD	10558	This presentation addresses the particulars of the insanity defense in military law as compared to civilian federal and state law. Since 2004 the legal approach to the insanity defense in military court may actually more closely resemble that of certain state jurisdictions. Forensic psychiatric experts as always need to be familiar with the statutes pertinent to jurisdictions in which they serve as experts. This presentation will review pertinent statutes and how they impact the role of the expert in terms of examining the defendant so that the questions raised by the court can be properly answered. The various steps involved in the evaluation as the defendant appears before the sanity board will be reviewed and case examples given. The dilemma of the expert in the role of helping the court understand the legal ramifications of the psychiatric findings and how they might influence cognition and behavior albeit without answering the ultimate question is discussed. Illustrative case examples will be given. Elin Berg, M.D., Ph.D. is in private practice in Columbia, South Carolina. Edward Berg II, Esq. is Chief of Criminal Law with the Judge Advocacy General at Fort Ben-ning, Columbus, Georgia. He served four years on active duty with the Signal Corps and was on a one year tour of duty to Iraq with the 3rd Infantry Division in 2006.
2009	Fundamentals-what criminal defense lawyers expect from a forensic psychiatrist	John Philipsborn MEd, JD	Psychiatry CD	10563	Forensic psychiatrists and criminal defense lawyers working together have expectations of one another. The presenter will review what expectations experienced criminal defense lawyers have of their experts in forensic psychiatry, including familiarity with relevant legal standards, knowledge of current literature, and familiarity with the differences between legal and clinical definitions. Attendees will be able to describe what literature, basic information, and standards they should be conversant in when taking on criminal case assignments. John T. Philipsborn is a criminal defense lawyer in San Francisco. He has figured in more than 70 reported decisions, and often published on issues involving forensic mental health expertise and the law. He has also qualified in trial courts several times as an expert on the assessment of competence to stand trial.
2009	What the defense expert sees and the clinician does not: differential access to data in psychological injury assessments	William J. Koch, Ph.D.	psychology CD	10598	Treating mental health professionals and plaintiff-hired forensic experts have access to different sources and types of data concerning personal injury claimants than do defense-hired forensic experts. These types of data include structured versus unstructured interviews, longitudinal observation during therapy, collateral information from family members, tests of response bias, standardized psychological tests, health and employment records, and surveillance recordings. This presentation will focus on the different sources and types of data used in supporting expert opinions, as well as the varied threats to reliability and validity of different data sources. Liberal use of case examples will illustrate these threats to validity.
2007	Anabolic Steroids Use as a Defense in Forensic Psychiatry	Glass GS	psychiatry CD	10376	The use of anabolic steroids to enhance sports performance has been recognized for many years. While the effect of these agents on muscle development and physical endurance has been uncovered recently in prominent sports figures, these effects are also sought by many non-professional athletes. These substances can enhance an individual s workout and accelerate their body building, but their very negative side effects are often ignored. Anabolic steroids cause moodiness, aggression, irritability, self-centeredness, sleep cycle disruption, and personality change. These side effects are often ignored with dire consequences. Criminal behavior has occurred in some individuals after several cycles of anabolic steroid use. This seemingly aberrant behavior may be very different from how they behaved prior to steroid use, and would not have been anticipated by those who knew them before. This paper explores the effects of anabolic steroids. Two cases are reviewed in which individuals who had used anabolic steroids then were apprehended for crimes they committed. The defense included the role that anabolic steroid use played in their actions. The issues involved with this will be discussed.
2007	Anabolic steroids use as a defense in forensic psychiatry	George S. Glass, MD	psychiatry CD	10678	The use of anabolic steroids to enhance sports performance has been recognized for many years. While the effect of these agents on muscle development and physical endurance has been uncovered recently in prominent sports figures, these effects are also sought by many non-professional athletes. These substances can enhance an individual's workout and accelerate their body building, but their very negative side effects are often ignored. Anabolic steroids cause moodiness, aggression, irritability, self-centeredness, sleep cycle disruption, and personality change. These side effects are often ignored with dire consequences. Criminal behavior has occurred in some individuals after several cycles of anabolic steroid use. This seemingly aberrant behavior may be very different from how they behaved prior to steroid use, and would not have been anticipated by those who knew them before. This paper explores the effects of anabolic steroids. Two cases are reviewed in which individuals who had used anabolic steroids then were apprehended for crimes they committed. The defense included the role that anabolic steroid use played in their actions. The issues involved with this will be discussed.--George S. Glass, MD is board certified in psychiatry and addictionology. He is a Distinguished Life Fellow of the APA, and Clinical Associate Professor of Psychiatry at Baylor and University of Texas Medical School.
2005	Alcohol in the courtroom: the intoxication defense	Jonathan Golding PhD	psychiatry journal	7065	Imagine the following scenario. A male has been drinking for several hours. Despite his inebriated state, the man walks into a jewelry store and robs the store at gunpoint. In court the man admits to robbing the store but he pleads not guilty based on the fact that he did it only because he was drunk. In fact, a blood test at the time of the incident showed that the man s blood alcohol level was .10. Will the man s defense be effective?
2005	Filicide and insanity defense: legal authoritarianism and empathy as predictors of guilt	Dawn Hurst MA Linda Foley PhD	psychology journal	9006	Maternal filicide, though relatively rare, has progressively become more predominant in mainstream multimedia. Filicide is loosely defined as the killing of a son or daughter by a parent or step parent. For purposes of this article, "filicide" will encompass neonaticide (i.e., killing a child within the first 24 hours of life), infanticide (i.e., killing a child within more than 24 hours to one year of life), and filicide (i.e., killing a child after the first year of life). Recent highly publicized cases have prompted a growing interest by clinicians, researchers, and law enforcement agencies. The reason for killing one s child is not evident; however, a considerable amount of literature exists that suggests mental illness is a contributing factor. The current case involves a woman who kills her two children after being taken off depression medication. She pleads Not Guilty by Reason of Insanity (NGRI). Participants (N = 144) completed the Legal Attitudes Questionnaire Revised (LAQR) and the Perspective-Taking (PT) Subscale of the Empathy Scale. A low score on the LAQR predicted decisions of NGRI, not guilty of first-degree murder, and not deserving of the death penalty. A high score on the PT Subscale predicted less likelihood of guilty first-degree murder decisions. Participants attitudes predicted decisions about degree of defendant culpability and severity of punishment.
2004	The insanity defense: a case study	Ralph Slovenko JD, PhD	psychiatry tapes	3106	This presentation covers various aspects of the insanity defense arising out of a case of matricide. A professor of law discusses the impact of intoxication on criminal responsibility, conditions for culpability, expert testimony, the meaning of mental disorder, and disposition of the NGRI acquitee.
2004	The DXM intoxication defense	Alexander Obolsky MD	psychiatry tapes	3108	An up-to-date scientific literature review of the prevalence and incidence of dextromethorphan (DXM) abuse in the United States and forensic issues. Attendees will be able to explain the effects of DXM on mental functioning; to describe and explain the DXM intoxication defense.
2004	diminished capacity: a viable defense?	Valerie R. McClain, Psy.D.	psychology tape	3084	Focus will be on the current status of diminished capacity in criminal responsibility issues. Relevant case law will be used to explore the admissibility of this defense. A case example will be used to illustrate the progression of this defense including the discussion of a Frye hearing and subsequent reevaluation using the M'Naghten standard. Strategic approaches and guidelines for the forensic evaluator to consider during evaluation and forensic testimony phases will be provided. Attendees will be able to identify relevant cases and key issues for admissibility of the diminished capacity defense and limitations for the diminished capacity defense to be utilized
2004	The automatism defense in criminal cases	Michael F. Elterman, PhDJ	psychology tape	3074	Sane automatisms can result from an external factor such as an injection of insulin, a blow to the head, or involuntary ingestion of a drug. This presentation will focus on the history of the automatism defense, medical conditions that give rise to this defense and the assessment of clients who claim an absence of mind at the time of committing a criminal act.
2004	A successful insanity defense in a double parricide case	Elliot Atkins, Ed.D.	psychology tape	3071	A Harvard-trained medical doctor was charged with two counts of first degree murder in response to her taking the life of her parents. The author, a forensic psychologist, worked in collaboration with a forensic psychiatrist in facilitating the preparation of a not guilty by reason of insanity (NGRI) defense. The audience will be taken through the exhaustive evaluative and investigative process and the machinations of the legal system will be revealed as this tragic and remarkable case proceeds.
2003	Memory for murder-the I don't remember defense	Timothy Michals MD Steven Samuel PhD	psychiatry tapes	3025	Memory complaints are commonplace from the perspective of perpetrators, witnesses, and victims of extreme violence with claims of amnesia reported commonly in cases of homicide. General issues inherent to a forensic psychiatrist s retrospective analysis of mental state at the time of a crime, factors associated with claims of amnesia for violent crime, the legal system s responses to claims of amnesia, and the legal significance of such claims will be presented. Case examples will be given.
2001	Blizzard of lies- bogus psychiatric defenses including the 22101 Prozac defense	Steven Ornish MD	psychiatry journal	5378	A bogus psychiatric defense is a legal defense based on the misapplication of psychiatric constructs, the use of junk science, or both. The bogus psychiatric defense is typically "reverse-engineered" whereby any preexisting psychiatric history or finding by the defense The "Prozac defense, the Pet Scan defense, the brain damage defense, mice and men defense, alcoholic blackout defense and the Sybil defense are discussed."
2001	Self-defense as a mental defense	Brett Trowbridge PhD, JD	psychology journal	1254	Recent advances in self-defense law are causing the standard to evolve from, "What would a reasonable person have done in this situation?" to "What would a reasonable person with this defendant s mental status and history have done in this situation?" Many self-defense cases seem to involve some psychological reason why the defendant acted more fearfully than otherwise would appear to have been "reasonable" under the circumstances. Information is presented as to when a mental health expert s opinion about a defendant s fear would be admissible in a criminal trial.
2001	Forensic skills- mental state and mitigation in criminal cases for the defense	Valerie R. McClain, Psy.D.	psychology tape	10252	Speaker highlights unique applications of expert services in two criminal cases. The first case involves retrospective analysis of mental state during a plea of nolo contendere in a post-conviction case; the second illustrates expert services in providing mitigating factors relevant for both the guilt and sentencing phases in a triple homicide case. Psychological and neuropsychological test results are presented, coupled with relevant mitigating factors to provide the basis for providing expert services. Learning objectives: to identify possible applications of forensic assessment and expert skills in mitigation, and creative and proactive approaches in forensic evaluation in criminal cases.
2000	The meaning of mental illness in an insanity defense	Ralph Slovenko JD, PhD	psychiatry tapes	11011	This presentation will discuss some of the nuances of mental disease or defect as required for the insanity defense in criminal law. It reports a variety of interpretations by courts and commentators regarding the meaning of these phrases, and it reports attempts by legislatures to narrow the range of applicable conditions by excluding various mental or emotional states. Attendees will be informed of the scope of "mental illness" in the test of criminal responsibility.
2000	The expert s role in self-defense as a mental defense	Brett Trowbridge PhD, JD	psychology tape	1016	Recent advances in self-defense law are causing the standard to evolve from, "What would a reasonable person have done in this situation?" to "What would a reasonable person with this defendant s mental status and history have done in this situation?" Many self-defense cases seem to involve some psychological reason why the defendant reacted more fearfully than otherwise would appear to have been "reasonable" under the circumstances. This presentation will provide information about when a mental health expert's opinion about a defendant s fear would be admissible at a criminal trial. Attendees will be able to evaluate a defendant s history in a self-defense case, will be able to explain the legal standard for self-defense, will be able to enumerate some possible pitfalls for an expert in a self-defense case, and will better understand which diagnoses could lead to a valid claim of self-defense.
2000	Insanity defense in Polk County, Iowa	James Boudouris PhD	psychology journal	765	This article examines potential jurors' attitudes toward the insanity defense, mental illness and related issues. Questionnaires were administered to 343 persons in the jury pool of Polk County, Iowa in 1988. The responses were cross-tabulated with seven statutory versions of the insanity defense, including the M'Naghten rule, Durham rule, Michigan s Guilty but Mentally Ill statute, the American Law Institute s Model Penal Code, and posttraumatic stress disorder (PTSD). The implications of these findings for the prosecutor, defense attorney, and mentally ill defendants are discussed.
1999	Plaintiff and defense referred disability-how to approach an evaluation	David Glaser MD	psychiatry tapes	1140	Private psychiatric disability claims are being denied at an increasing rate. This increase in denial also parallels a substantial increase in the percentage of psychiatric claims relative to other types of claims. More often than not, those denied claimants (who have paid large premiums) are highly motivated to challenge the denials. There is a very real need for competent evaluations from both the insurance company side (defense) as well as the perspective of the denied claimant (plaintiff). Unlike neurologic and orthopedic driven claims, psychiatric cases present some unique challenges that a forensic examiner must confront directly, fairly, and as objectively as possible. Irrespective of who retains the services of the forensic examiner, there is a framework that needs to be followed to answer the ultimate questions of disability. Strategies and pitfalls will be discussed. Participants will learn how to approach an evaluation, what records are critical, how to formulate a strong report, what deposition testimony is most relevant.
1999	Defense and PTSD - representing or confronting in court	CB Scrignar MD	psychiatry tapes	1173	The approach of the defense toward effective confrontation of a PTSD claim is critically analyzed. Cases involving employer and sexual harassment and rape, wrongful termination of employment, misdiagnosis, and the concept of malingering are illustrated with case histories from the speaker s experience. The plaintiff s view and the defense challenges are illustrated with the "Ten Defense Challenges to PTSD." Participants will be able to effectively present PTSD in court and/or confront the diagnosis of PTSD during direct and cross-examination.
1998	Diminished capacity and automatism as a defense	Philip Barnard PhD	psychology journal	6022	Automatism is a complex legal concept which relates to diminished capacity. The case cited involved many significant physical and psychological elements including a severe reactive depression as well as lack of sleep and nutrition resulting in a dissociative episode during which a crime was committed. The forensic psychologist involved evaluated, treated, and testified at the criminal trial and the subsequent deposition for a civil lawsuit
1998	History of the M'Naghten insanity defense and the use of posttraumatic stress disorder as a basis of insanity	Arthur Garrison	psychology journal	2225	Debate over the existence of an insanity defense and the legal assessment of when a person should not be punished for a criminal act due to mental illness has been an issue in the law for more than 200 years. From 1724 and the development of the "wild beast" test to the M Naghten test of right and wrong to the "irresistible impulse" test to the Durham "products test" the law has struggled with the question of what mental state will release a person from criminal liability. Should the cognitive mind alone govern the issue or should the other aspect of human behavior, including volitional and emotional states, influence the culpability of the offender? The purpose of this article is to review the history of the development of the definition of the insanity defense. The key cases and legal arguments from English and American law will be reviewed to show how the theory as well as the definition of insanity developed. The article will also discuss how posttraumatic stress disorder (PTSD) can form the basis of an insanity defense and will review federal, military and state cases in which PTSD was used as a basis for a claim of insanity.
1998	Successful trial defense of a deceased psychiatrist accused of sexual conduct	John L. Fleer, PhD, JD	psychiatry tapes	1090	This case presentation will demonstrate the extent to which a jury can be educated regarding psychodiagnosis, and how such education can be used to defend against claims of psychiatric malpractice and sexual misconduct. In 1997, a California jury heard almost a month of testimony in the trial of a lawsuit brought by a psychotherapy patient against the estate of her deceased psychiatrist. The plaintiff claimed that a ten year sexual relationship with the therapist had caused repeated suicide attempts and hospitalizations. The defense case relied upon mental health professionals expert testimony regarding borderline personality, which could completely explain the alleged "damages." Participants will learn to tailor expert testimony when discussing a litigant s psychopathology in such a way as to be understood by the jury. A framework within which to address the sensitive issue of plaintiff credibility will be presented.
1997	Psychologist as an expert witness in determining mental competency and insanity as a defense	Philip Barnard PhD	psychology journal	6021	Psychological experts are frequently asked to render an opinion regarding the mental competence of an individual to stand trial whether or not the insanity defense applies in a particular situation. This article presents an historical perspective on the insanity defense with competency to stand trial as a significant issue. The role of amnesia is also addressed since it was a legal and psychological factor in the case cited.
1997	Clinical assessment of malingering as a defense against malpractice allegations	Lisa Webb MS	psychology tape	10120	Conduct issues surrounding abuse survivors, repressed memories, malpractice, and patient memory recantation are often blurry. As a result, malpractice suits may arise when a patient recalls sexual abuse incidents during therapy and then retracts. When recantation occurs, the clinician is often accused of implanting "false memories" to "steer" the patient toward a particular recollection. Is in fact clinical malpractice occurring when patients recant allegations, or is the patient effectively mimicking or malingering abuse symptoms? A pertinent study "Can Psychological Tests be Falsified?" involving 200 college students will be shared. Attendees will learn whether abuse symptom pathology can be effectively mimicked or malingered and receive new ideas concerning recantation of memories.
1996	Abolition of insanity defense in Utah- NGRI homicide case-abridgement of rights	Roger T Sharp JD	psychiatry tapes	1468	The insanity defense, argues this attorney, is as much a part of the concept of "ordered liberty" as any other right. This right has been abridged in Utah, one of several states which, after the Hinckley case, abolished the plea of insanity as a defense to criminal conduct. This trial is discussed.
1996	Blaming the blameless-abolition of the insanity defense	Roger Sharp JD Ian Adams JD	psychiatry journal	768	Following the return of a verdict of "not guilty by reason of insanity" in the Hinckley case in 1982, a wave of suspicion with regard to the insanity defense in criminal cases washed across the United States. During the 1980s, a majority of state legislatures and the federal government reconsidered their respective legal defenses of insanity, with eight states and the federal government enacting their revisions of the insanity defense into law. Three state legislatures, including the legislature of the authors home state of Utah, abolished the insanity defense entirely. The authors argue the abolition of the insanity defense implicates the fundamental rights of common law state citizenship and is a violation of a defendant s right to due process under the Federal Constitution, and as to the convicted insane, is cruel and unusual punishment.
1996	Investigating a claim of amnesia in an attempted murder and a legal defense	David T Roy JD	psychology tape	1308	no abstract
1995	Differences in attitudes toward the temporary insanity defense and the insanity defense	Cecelia Updike PhD	psychology journal	772	The insanity defense provokes strong emotions in society. This is also true for the temporary insanity defense. Both types of the defense are greatly misunderstood and misinterpreted by the general public and some legal and mental health professionals. In traditional terms, a crime must consist of three parts including: a guilty mind, an act, and a punishment (1). In other words, the basic common elements are a concurrence between the voluntary act (actus reus) and a culpable intent (mens rea). The act must also cause harm. If an act is missing any one of these parts, then it is not considered a crime and cannot be judged by the same standards as a crime. The insane, whether temporarily or otherwise, are thought to be missing culpable intent when they commit an illegal act. This is the foundation on which the temporary insanity defense and the insanity defense are built.
1995	Coerced confession case evaluation and courtroom testimony by the defense psychiatrist	Douglas Anderson MD	psychiatry journal	8055	This article is presented to dramatize the critical role that the forensic psychiatrist can play in the case of a coerced or otherwise improperly obtained confession. It is adapted from People v. Chirasello. which resulted in the first felony acquittal ever obtained in rural Putnam County, New York, in which a signed confession by the accused was part of the prosecution's evidence. As such, this presentation represents something of a departure from more traditional journal articles. It includes the accused's "confession" and both the prosecution and defense psychiatrists' written reports (excerpts), edited only to protect the confidentiality of the actual witnesses in this case. Also presented, is a transcript of the defense psychiatrist's testimony. However, the transcript presented is not from the actual trial. It is instead condensed from mock trial testimony from the presentation of this case at the 12th Annual Symposium of the American College of Forensic Psychiatry in Montreal, Canada, in May, 1994. The mock trial transcript was selected over the actual trial testimony as a more instructive example of courtroom testimony for teaching purposes. The judge and attorneys quoted are those who participated in the mock trial, and the author was the only player who had also participated in the actual trial. The article begins with a synopsis of the facts of the case and concludes with the author's commentary.
1994	Successful mitigation defense in a capital case	Marc L Zimmermann PhD	psychology tape	10115	A case history is used to illustrate how to obtain mitigation in the penalty phase of a capital defense case. The case exhibits developmental issues, chemical dependency, mental disabilities and brain dysfunction. Participants will learn methods of demonstrating to the triers of fact these points and why they affect the defendant's ability to conform his behavior to the standards required by law. Strategies for the mitigation defense and methods for developing a successful case are presented.
1994	Proposed changes in the insanity defense in the post-Foucha era	J Arturo Silva MD	psychiatry journal	762	The U.S. Supreme Court recently ruled in Foucha v. Louisiana that continuing commitment of dangerous insanity acquittees with antisocial personality disorder, but not an active mental disorder, is not permissible. While this decision has a narrow focus, changes in the insanity defense are suggested to diminish psychiatry's social control role while treating insanity acquittee-patients as well as promote society's continuing acceptability of the insanity defense.
1994	Dilemmas of psychologist retained by defense in a heinous child kidnapping case	Jose LaCalle PhD	psychology tape	10097	Forensic psychologists are not immune to stresses which arise out of their involvement in evaluating perpetrators of heinous crimes. In this case study, the four-year relationship between the forensic clinician and the defendant is discussed. Everything in the paper is in the public domain.
1993	Politics of the insanity defense	Abraham Halpern MD	psychiatry journal	6054	The verdict of Not Guilty by Reason of Insanity in the case of John W. Hinckley, Jr., resulted in widespread criticism of psychiatry and of psychiatric testimony in criminal trials. The author contends that the post-Hinckley hardline recommendations of the American Psychiatric Association that the exculpatory insanity rule be narrowed and release procedures be tightened were motivated by a desire to improve the image of psychiatry. The opportunity was lost to embark on a comprehensive study of the effects and consequences of the insanity plea. The author believes that by choosing to take the politically expedient route, the APA has done a damaging disservice to society in general and, in the final analysis, to the psychiatric profession.
1992	Mental retardation as a defense to criminal behavior	Dr Verdun Trione	psychology tape	1989	Expert psychologist and defense attorney review a case in which mental retardation was used as a legal defense. The case involving a firebombing that resulted in the death of two victims. Two teenage perpetrators and their 33-year-old driver were tried separately for the crime.
1992	Paroxysmal insanity as a murder defense in 1865	Allen Spiegel PhD Merrill Spiegel JD	psychology journal	983	This trial marked the first time that a paroxysmal insanity murder defense was supported by expert medical testimony in a U.S. courtroom. As is common today, experts were pitted against each other to persuade the jury. Aspects of the Harris/Burroughs murder case may yield clues as to the persistence of the attitudinal stances toward temporary insanity pleas by the mass media, mental health professionals, the legal profession and the public.
1992	Allegations of sexual abuse:case example of a criminal defense	Terence Campbell PhD	psychology journal	5023	This article outlines how a psychologist can assist in defending an individual who appeared unjustly accused of criminal sexual conduct. It applies previously published conceptualizations related to false accusations of sexual abuse (1) to expert testimony in a criminal matter. The defense strategy developed for this case was unusual because it did not involve any clinical evaluations. Instead, the expert's testimony confined itself entirely to applying relevant research evidence to the issues of this case.
1992	The Dram Shop Act in Pennsylvania: strategies for the defense	Eric Fine MD Scott Gemberling JD	psychiatry journal	8045	So-called Dram Shop Act cases are frequently litigated in the Commonwealth of Pennsylvania. These cases involve the selling or providing of alcoholic beverages to individuals who can be proven to have been visibly intoxicated. Restaurants and bars that can be shown to have served patrons while in a state of visible intoxication can be held liable for damages perpetrated by or upon that individual. The law in this area is described, and clinical and forensic issues are discussed pertinent to the understanding of, and in particular the defense of, such litigation. Communication and interplay between attorneys and expert witnesses are emphasized, and strategies discussed that have proved successful in the defense of many of these cases
1991	Use of sodium amytal in an insanity and diminished capacity defense	Elliot Atkins, Ed.D.	psychology tape	1846	Speakers differentiate the truth serum myth held by many and the facts about sodium amytal. They will show how sodium amytal can be admissible and useful, how they decided to use it and how the case turned out. A 27-year-old man was arrested after having shot and killed his estranged girlfriend with a semiautomatic weapon in a crowded bar. His defense attorney consulted the author in order to explore the possibility of an insanity or diminished capacity defense. The extensive evaluation is described. A taped sodium amytal interview, the nature and breadth of expert witness testimony and the issue of diminished capacity are discussed.
1991	Dissociation and unconsciousness as a defense in the criminal case	Daniel Schiele MD, PhD	psychiatry journal	5250	Legal problems with the concept of dissociation are reviewed. Unconsciousness in dissociation is an affectively altered cognitive state. The individual is, therefore, unable to form specific or criminal intent representing a defense reaction to a perceived real or imagined physical or psychological threat. Amnesia, in the case of a pawnbroker who shot his estranged wife and her attorney in front of witnesses in his store, is explained by a psychiatrist who is a specialist in the area of dissociative disorders.
1991	Battered women- syndrome versus self-defense	Herbert Levit EdD	psychology journal	5157	This paper is about women who are battered and who commit acts of violence against their abusers, but it differentiates between those whose acts are a direct result of the Battered Woman Syndrome and those who simply act in self-defense.
1991	Insanity defense- case study and jury analysis	James Boudouris PhD	psychology journal	6065	A young Iowan male, with an assaultive criminal record, following a religious conversion, viciously murdered his girlfriend, saying later that he honestly believed he was attacking "the devil." The author had an opportunity to analyze the jury selection in this insanity case and reports the jury deliberations,interviews with jurors and credibility issues. In his discussion of the case he offers suggestions for an insanity defense to be successful.
1991	Paroxysmal insanity as a murder defense in 1865	Allen Spiegel JD	psychiatry journal	8042	no abstract
1991	Use of sodium amytal in an insanity and diminished capacity defense of a capital murder case	Gerald Cooke PD Margaret Cooke PhD	psychology journal	8149	no abstract
1991	Dissociation and unconsciousness as a defense in the criminal case	Daniel Schiele MD, PhD	psychiatry tape	1725	Legal problems with the concept of dissociation are reviewed. Unconsciousness in dissociation is an affectively altered cognitive state. The individual is, therefore, unable to form specific or criminal intent representing a defense reaction to a perceived real or imagined physical or psychological threat. Amnesia, in the case of a pawnbroker who shot his estranged wife and her attorney in front of witnesses in his store, is explained by a psychiatrist who is a specialist in the area of dissociative disorders.
1990	Multiple personality disorder - competency and the insanity defense	Joann Ondrovik, PhD	psychology tape	1766	The mental health profession itself has only recently rediscovered Multiple Personality Disorder (MPD), after a virtual century of rejection and misdiagnosis. The literature is replete with discussions of the rarity of MPD, the difficulty in diagnosing MPD and the recent resurgence of the MPD diagnosis. The absence of specific valid testing with established credibility and reliability places the criteria for diagnosis in the category of subjective. When the most current data available suggests that as high as 89 percent of MPD patients are not aware of the disorder upon clinical presentation, a strained legal argument can be made that MPD is iatrogenically created 89 percent of the time.
1990	Dementia as a legal defense in civil and criminal diminished capacity cases	Jay Cohn MD, PhD, JD	psychiatry tapes	1714	no abstract at this time
1990	Post-Hinckley views of the insanity defense	Otto F. Wahl, Ph.D.	psychology journal	6057	Ninety residents of a Northern Virginia community responded to a telephone survey concerning the Not Guilty by Reason of Insanity plea. The majority of respondents indicated agreement with basic principles of the NGRI plea but expressed concern that the plea would result in dangerous patients being released into the community. Results suggest that NGRI advocates no longer need to convince the public that the plea is appropriate to retain but still need to demonstrate that it can be carried out in a safe and competent way.
1990	Multiple personality disorder - competency and the insanity defense	Joann Ondrovik PhD David Hamilton JD, PhD	psychiatry journal	5187	The mental health profession itself has only recently rediscovered Multiple Personality Disorder (MPD), after a virtual century of rejection and misdiagnosis. The literature is replete with discussions of the rarity of MPD, the difficulty in diagnosing MPD and the recent resurgence of the MPD diagnosis. The absence of specific valid testing with established credibility and reliability places the criteria for diagnosis in the category of subjective. When the most current data available suggests that as high as 89 percent of MPD patients are not aware of the disorder upon clinical presentation, a strained legal argument can be made that MPD is iatrogenically created 89 percent of the time.
1989	Homosexual panic in homicidal rage- impulse control disorder as psychiatric defense	Emmanuel Aquino MD	psychiatry tapes	1710	A variant of impulse control disorder as a valid behavioral defense in criminal litigation is described and the case of a young man, found not guilty by reason of insanity, on a charge of second degree murder of a retired homosexual school teacher is presented.
1989	Current status of the mental state defense in California	Douglas Anderson MD	psychiatry journal	5441	California law permits wide-ranging testimony on mental states. According to case law, such testimony can concern not only the symptomatology of mental disease, defect or disorder, but also of voluntary intoxication. Case law relating to testimony on mental state, jury instructions and scope of examination of an expert witness cited and discussed.
1989	Cognitive and volitional defenses to charges of criminal culpability	Angela Raimo EdD, JD	psychology journal	6018	Author traces legal background of cognitive and volitional mental state defenses, noting progressive tendency of courts to admit reliable psychiatric and psychological evidence and opinion that weigh on motivational dimensions of criminal cases involving free will, deliberation and premeditation. Also discusses criticism of the M'Naghten test and roots of the mental disease or defect defense. Relevant legal cases reviewed and discussed.
1989	Sexual provocation as a legal defense to a charge of murder: role of expert psychiatric testimony and diagnostic considerations	Emmanuel Aquino MD	psychiatry journal	6201	Culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the "heat of passion" caused by sudden provocation.
1989	Homosexual panic in homicidal rage- impulse control disorder as psychiatric defense	Emmanuel Aquino MD	psychiatry tapes	10240	A variant of impulse control disorder as a valid behavioral defense in criminal litigation is described and the case of a young man, found not guilty by reason of insanity, on a charge of second degree murder of a retired homosexual school teacher is presented.
1989	Current status of the mental state defense in California	Douglas Anderson MD	psychiatry journal	10410	no abstract
1988	Substance abuse as crimogenic - the defense case and assay evidence	Nathaniel Pallone PhD	psychology tape	10193	Construction of the most adequate defense case requires laboratory assay evidence in preference to self-report or observation by witness, victim, or arresting officer.
1988	Post-traumatic stress disorder as a legal defense in criminal trials	Harold Hall PhD	psychiatry journal	8032	no abstract
1987	Post-traumatic stress disorder- successful civil and criminal defense cases	Jerome Platt PhD and Stephen Husband MA	psychology tape	10176	Psychologists discuss recent case law and research findings that they have found to be helpful instruments when representing PTSD claimants.
1987	Post-traumatic stress disorder as a legal defense in criminal trials	Harold Hall P D, Frederic Hall JD	psychology journal	6028	A diagnosis of Posttraumatic Stress Disorder can be established, its severity can be measured, and a determination can be made as to whether or not the existence of this disorder is relevant to alleged criminal behavior. Focus is on PTSD as a legal defense. 19 leading posttraumatic stress disorder legal cases and court decisions are offered, along with suggested readings.
1987	Post-traumatic stress disorder- successful civil and criminal defense cases	Jerome Platt PhD Stephen Husband MA	psychology tape	10766	Psychologists discuss recent case law and research findings that they have found to be helpful instruments when representing PTSD claimants.
1986	Post-traumatic stress disorder of the delayed type- defense in criminal proceedings	Michael Cleary MD	psychiatry tapes	1771	The chronic, or delayed subtype, is most often applied to the war veteran. By demonstrating potential for abuse, clinicians will be helped to avoid inappropriate use of this category and consequent misuse of mental health resources. Cases presented include State v Jensen (double murder, 1973), resulting in conviction but appealed in 1985 on grounds of previously undiagnosed PTSD.
1984	PTSD in criminal defense cases	Joel Dreyer, MD	psychiatry tapes	1741	Speaker discusses posttraumatic disorder in terms of its applications to legal defense proceedings, using six legal cases in which he testified as an expert witness.
1984	The insanity defense- judicial perspectives	Chief Justice Herman Lum Supreme Court of Hawaii	psychiatry journal	6007	Chief Justice, Supreme Court of Hawaii, guest speaker at Am College of Forensic Psychiatry annual meeting, discusses interrelationships between legal and psychiatric professions, focusing on controversial nature of the insanity defense.
1984	Insanity defense reconsidered	Thomas Szasz MD	psychiatry journal	6062	We should regard every person accused of a crime as a moral agent. Show mercy but without a smoke screen of psychiatric rationalizations and a charade of psychiatric theatricals.
1984	Report on a survey on the insanity defense	Lililan Imperi MD	psychiatry journal	5109	Some results: On the insanity issue, 92 respondents said that we need a test or standard for a criminal responsibility defense; 23 favored the abolition of the insanity defense. Another On psychiatric testimony: responses included, Psychiatrists must maintain their impartial position. Psychiatrists must learn the basics of law and courtroom procedure; must recognize their role. More explicit discussion of different models. Steeped in advocacy, attorney s attitudes are often in conflict with the non-advocate thinking of the psychiatrist.
1984	The temporary insanity defense	Robert Howell PhD	psychology journal	5128	The author briefly reviews the history of the insanity plea
1983	In defense of the insanity plea	Robert Howell PhD	psychology journal	5126	A succinct history of the plea, theoretical concepts underpinning the insanity test, burden and level of proof, data about the insanity defense; laws; a three-step requirement or qualifying as being not guilty because of insanity.
1983	Dissociative states-disproportionate use as a defense in criminal proceedings	Michael Cleary MD	psychiatry journal	6023	no abstract