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Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Criminal Defense. Show all posts
Showing posts with label Criminal Defense. Show all posts

Tuesday, August 20, 2019

What Alan Dershowitz taught me about morality

Molly Roberts
The Washington Post
Originally posted August 2, 2019

Here are two excerpts:

Dershowitz has been defending Donald Trump on television for years, casting himself as a warrior for due process. Now, Dershowitz is defending himself on TV, too, against accusations at the least that he knew about Epstein allegedly trafficking underage girls for sex with men, and at the worst that he was one of the men.

These cases have much in common, and they both bring me back to the classroom that day when no one around the table — not the girl who invoked Ernest Hemingway’s hedonism, nor the boy who invoked God’s commandments — seemed to know where our morality came from. Which was probably the point of the exercise.

(cut)

You can make a convoluted argument that investigations of the president constitute irresponsible congressional overreach, but contorting the Constitution is your choice, and the consequences to the country of your contortion are yours to own, too. Everyone deserves a defense, but lawyers in private practice choose their clients — and putting a particular focus on championing those Dershowitz calls the “most unpopular, most despised” requires grappling with what it means for victims when an abuser ends up with a cozy plea deal.

When the alleged abuser is your friend Jeffrey, whose case you could have avoided precisely because you have a personal relationship, that grappling is even more difficult. Maybe it’s still all worth it to keep the system from falling apart, because next time it might not be a billionaire financier who wanted to seed the human race with his DNA on the stand, but a poor teenager framed for a crime he didn’t commit.

Dershowitz once told the New York Times he regretted taking Epstein’s case. He told me, “I would do it again.”

The info is here.

Thursday, July 18, 2019

The Theory That Justified Anti-Gay Crime

Caleb Crain
The New Yorker
Originally posted June 26, 2019

Here is an excerpt:

As preposterous as the idea of homosexual panic may sound today, for much of the twentieth century it was treated as something like common sense. “When a beast attacks, you are justified in killing him,” is the way one defense attorney phrased the principle behind it, in 1940. The press, too, sometimes discussed the idea approvingly. The New York Daily News described a 1944 murder of a gay man as an “honor slaying.” In 1952, homosexual panic was listed as a mental disorder in the first edition of the American Psychiatric Association’s Diagnostic and Statistical Manual, and, as late as the nineteen-nineties, the notion was still so current in the popular mind that a Christopher Street shop selling gay-themed T-shirts was called, in what seems to have been ironic homage, Don’t Panic.

It turns out that the psychological concept has a less than illustrious origin. The term “homosexual panic,” Polchin reports, was coined by a psychiatrist named Edward Kempf, in a 1920 treatise titled “Psychopathology.” Polchin garbles a key quote from Kempf, printing “sexually attracted” where Kempf wrote “sexually attractive,” and I took a look at the relevant chapter to see if I could make sense of it. It’s understandable that Polchin got confused. Kempf’s text is neither lucid nor coherent.

Kempf theorized that homosexual panic emerged from “the pressure of uncontrollable perverse sexual cravings,” that is, from the frustration of homosexual urges that typically arose in same-sex environments, such as prison or the military. According to Kempf, symptoms of the panic included a fearfulness that could lead to catatonia, a “compulsion to seek or submit to assault,” and delusional perceptions of being poisoned or entranced. Indeed, the hallucinations and paranoid delusions that many of Kempf’s patients suffered from were quite serious. One patient imagined that broken pills were being surreptitiously put into his pudding; another went through spells of believing he was God.

The info is here.

Tuesday, March 27, 2018

"My Brain Made Me Do It" Is Becoming a More Common Criminal Defense

Dina Fine Maron
Scientific American
Originally published March 5, 2018

Here is an excerpt:

But experts looking back at the 2007 case now say Hodges was part of a burgeoning trend: Criminal defense strategies are increasingly relying on neurological evidence—psychological evaluations, behavioral tests or brain scans—to potentially mitigate punishment. Defendants may cite earlier head traumas or brain disorders as underlying reasons for their behavior, hoping this will be factored into a court’s decisions. Such defenses have been employed for decades, mostly in death penalty cases. But as science has evolved in recent years, the practice has become more common in criminal cases ranging from drug offenses to robberies.

“The number of cases in which people try to introduce neurotechnological evidence in the trial or sentencing phase has gone up by leaps and bounds,” says Joshua Sanes, director of the Center for Brain Science at Harvard University. But such attempts may be outpacing the scientific evidence behind the technology, he adds.

“In 2012 alone over 250 judicial opinions—more than double the number in 2007—cited defendants arguing in some form or another that their ‘brains made them do it,’” according to an analysis by Nita Farahany, a law professor and director of Duke University’s Initiative for Science and Society. More recently, she says, that number has climbed to around 420 each year.

The article is here.