‘Criminal Defenses’

Air Pollution and Violent Crime: Is There a Link?

smog | Broward criminal lawyer | Kenneth Padowitz, P.A.

Previously viewed as manifestation of evil, criminality is now being studied as a cause of prevalent factors in a criminal’s environment. There have been recent studies linking the increase of criminal elements with how it is being influenced by society. But a new study is putting the blame on a more chemical level – air pollution. Violent Crimes and Air Pollution – The Correlation The National Bureau for Economic Research, according to its recent study, is trying to make a link between the rise of criminal incidents with the increase in air pollution levels. Information was gathered from meteorological data and the evaluated crime records from the Chicago Police Department. It shows that there is a significant increase in violent crimes in neighborhoods that are on the receiving end of blowing winds that carry tailpipe exhaust coming from major roads. Other Affecting Factors The study also mentions that other affecting factors, like income, may play in the increase in violent crime occurrences. But the statistics show that low-income neighborhoods that are usually found near major roads, making them more exposed to air pollution, experience 2.2 percent more… Read More

Deindividuation | Kenneth Padowitz, P.A.

Fort Lauderdale Federal Criminal Defense Attorney Kenneth Padowitz explores the human phenomenon of deindividuation

Some of our recent discussions have been concerned with topics relating to how individuals tend to underestimate the role of environmental or situational influences on behavior, and to overestimate individual personality factors, when concerning other people. To recap, the fundamental attribution error is a term, which refers to the common human error in which people tend to underestimate situational influences and overestimate individual personality factors, when explaining behavior. We also looked at one example of the fundamental attribution error, crimes of obedience, which is defined as: an act performed in response to orders from authority that is considered illegal or immoral by the larger community. We discovered that this phenomenon can occur in various circumstances of violence, even in cases of nonviolence including white collar crime or government scandal such as Watergate. This post will explore the concept of deindividuation, which is based on the classic crowd theory in the book The Crowd: A Study of the Popular Mind by Gustave Le Bon. Deindividuation tends to refer to the fact that when people are placed into groups or surrounded by a crowd, many people seemingly lose their sense of identity… Read More

Parental Alienation Syndrome | How Common Is It?

Parental alienation syndrome | Criminal Attorney

Parental Alienation Syndrome During a divorce, most reasonable parents will believe that it is in the best interest of the child if they have a healthy relationship with both parents. What may seem more important at the time is the strengthening of their own parent-child relationship. Parental alienation syndrome occurs when one parent unconsciously, or in many cases consciously, manipulates their child into disliking the other parent. Even if both parents have good intentions, one may unintentionally bad-mouth or make negative comments about the other parent; the child may begin to side with one or the other, and in the most severe cases, will refuse to see or talk to the “alienated” parent. Cases of alienation have been reported even in “friendly” divorces. As cases of divorce have been increasing in recent years, parental alienation has also become more common. Many mild cases, in which the disturbance between the alienated parent and child is subtle, may be misinterpreted as normal part of adjusting to the divorce; many cases of parental alienation and PAS go unreported. Parental alienation is a term, which is focused on the parent’s behavior;… Read More

Capgras Syndrome | Is Delusion a Defense?

Capgras Syndrome | Psychology of Law and Criminal Behavior

 Capgras Syndrome Capgras syndrome is a delusional disorder, which results in those afflicted believing an impostor has replaced someone or something close to them. Capgras syndrome (CS) is one of four variations of delusional misidentification syndrome, a group of disorders in which the identity of someone or something close to the patient is believed to have changed. Capgras syndrome, the focus of this post, will be explored in greater detail in terms what it may be like to live with this condition and will mention any similar disorders as they relate to the discussion of the topic. The purpose of this is to explore the cognitive theories that have been devised to explain why delusional disorders such as Capgras develop, and how they are maintained, including: The Impostor and Brain Damage hypotheses, both one-stage models, along with different variations of the two-stage model, ending with the Interactionist model. Delusional misidentification syndrome consists of a group of delusional disorders all involving dysfunctional affective responses to external stimuli. Researchers are able to measure covert, or unconscious, familiarity through skin conductance response (SCR) tests. These disorders are worth mentioning because… Read More

Bipolar Disorder

Bipolar Disorder | Criminal Behavior

Bipolar Disorder: The Highs and the Lows Bipolar disorder (BD) is a mental illness affecting people from different areas all over the world, in which a person experiences what many would call extreme mood fluctuations often for no apparent reason. Ranked seventh on the list of non-fatal illnesses, it is considered one of the most costly disorders to affect humans. This post will explore topics such as: the differences between BD I, BD II, and other similar mental illnesses such as borderline personality disorder and cyclothymic disorder, what it is like to live with this illness, the structural differences of an afflicted brain, the benefits of treatment, and the prognosis of the disorder. People with BD tend to change moods more rapidly than someone in the general population, many times without warning. Many psychiatrists will refer to this as a patient’s lability. This cycling of “highs” and “lows” is a trademark symptom of someone with BD, but does not automatically mean someone meets the diagnostic criteria. Many times this might not be very noticeable; depending on the person, these moods may last for days, or even months. Both… Read More

Battered Woman Syndrome

Battered Woman Syndrome | Law and Criminal Behavior

Battered Women Syndrome Over 10% of homicides in the U.S. are by women, and a high percentage of these cases involve the killing of an abusive romantic partner. In fact, the majority of women that are in prison for murder are victims domestic violence. Women who are abused by their partners are believed to be more sensitive to perceived danger, and so have increased fear and anxiety responses. What Are Some Possible Defenses For The Battered Woman When Dealing With A Murder Charge? Legally, battered woman syndrome is not a defense when used by itself. The abused woman must show that she was forced to murder the husband out of self-defense, or because of temporary insanity. The battered woman self-defense only works if it can be shown that she was forced into the act of killing out of the fear for her own life, or the lives of her children. What is Self-Defense? Generally, self-defense is defined as the use of force to prevent serious bodily harm or death; the person must reasonably believe they, or someone they are responsible, is in imminent danger. Anyone claiming lethal force… Read More

The Insanity Defense

Insanity Defense | A legal concept

Legally Insane: The Insanity Defense The insanity defense is one of the least successful defenses in a criminal defense case. The determination of the suspect’s mental state at the time of the criminal offense, as well as at the time of trial can be a challenging task; the defense actually has the burden of proof in Federal cases, as well as most State charges, in showing the defendant to be insane. It is important to note that insanity is actually a legal term, not a psychological one. There are times when the suspect may be psychotic but still don’t fit the legal criteria of insane. The legal definition of insanity also varies, depending on which jurisdiction the charge originates. Legal tradition in the United States holds that if an individual is not aware of what they are doing or unaware of the meaning of their behavior, they should not be held criminally responsible. Mens rea is vital to charge and convict someone of a crime. According to the opinion in Durham v. United States, determining if someone is guilty and then punishing should only occur if the… Read More