Can a person who is caught shoplifting claim temporary insanity by virtue of being kleptomaniac? Is kleptomania a good defense? Kleptomania is a medically recognized psychological disorder. It is an impulse control disorder that ultimately results in those afflicted having the uncontrollable urge to steal other people’s property. The kleptomaniac, unlike the routine shoplifter, doesRead More
Category: Criminal Defenses
Can Addiction Be Used as Legal Defense for Drug Possession Charges?
Recent medical and psychological studies have shown that there are neurophysiological mechanisms associated with drug addiction. The revelations have created a debate among legal theorists about whether or not addiction diminishes responsibility. While some agree with the theory, others claim that the studies do not involve coercion, compulsion, or irrationality that would excuse an addictRead More
Air Pollution and Violent Crime: Is There a Link?
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 – airRead More
Deindividuation | Kenneth Padowitz, P.A.
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 toRead More
Parental Alienation Syndrome | How Common Is It?
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, orRead More
Capgras Syndrome | Is Delusion a Defense?
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 toRead More
Bipolar Disorder
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 costlyRead More
Battered Woman Syndrome
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 beRead More
The Insanity Defense
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 proofRead More