November 13, 2008

The Jury Expert

The new issue of The Jury Expert (a publication of the American Society of Trial Consultants) is now online. Articles include:


How can just-world beliefs impact jurors?

Cross-examining the narcissistic witness
A follow-up to a previous Jury Expert article on preparing the narcissist to testify, this article focuses on how to cross-examine narcissistic witnesses.

Conceptual persuasion
A primer on the impact of graphics.

Juror reactions to successful women
Mitigating negative judgments by jurors about successful women attorneys, plaintiffs, defendants (or expert witnesses?)

Do liberals and conservatives punish differently?
Of course they do. This article explains the different themes of interest to jurors of different political persuasions.

The full issue is available here.

November 12, 2008

Incompetent bank robber cannot be forcibly medicated, court rules

I just came back from evaluating a convicted prisoner to see if he is competent to proceed with his appeal. He has been found "gravely disabled" and is being forcibly injected with an antipsychotic medication (Haldol Decanoate).

He was refusing to eat because he thought the food was poisoned. But what if he was eating his food and behaving himself, but still quietly harbored paranoid delusions?

That's when Sell would come in.

As many of you know, under the 2003 case of the Sell v. United States, for a defendant to be forcibly medicated to restore competency, a court must find that:
  • important government interests are at stake
  • involuntary medication will significantly further those interests by being "substantially likely" to restore the defendant's competency
  • the medication is substantially unlikely to have negative side effects
  • the medication is medically appropriate
In a boon to good, old-fashioned talk therapy, the Sell ruling also mandated a showing that less intrusive and noxious treatments will not work.

In New Jersey, a federal judge just ruled that the government did not meet the burden of proving those things in the case of a paranoid bank robbery defendant named Wayne Moruzin. Prosecutors had claimed there was a good chance that Haldol injections would stop his paranoia and hallucinations and make Moruzin fit for trial. But a U.S. District Court judge said they didn't provide enough evidence of that, considering the health dangers of antipsychotics such as Haldol.

I've never met anyone who liked taking Haldol. It makes you feel like a drugged-out zombie, and it can cause severe and permanent health problems.

But such a ruling always leads to the question, what will happen next? The government can try to civilly commit Moruzin, or they can just wait and see if he gets better - which is unlikely without medication.

The ruling parallels a U.S. District Court decision in January of 2007 involving a different mentally ill bank robber. In that case, though, the robber had already pleaded guilty in three other bank heists and was serving a 36-year sentence.

The cases don't break new legal ground, but they do continue an interesting trend.

The New Jersey Law Journal report on the Moruzin case is available online at law.com.

November 8, 2008

NYT reports on public defender crisis

The current budget crisis is adding to the inequities in the criminal justice system. As workloads mount and budgets decrease, public defenders across the nation find themselves unable to adequately represent their impoverished clients. On Sunday, the New York Times reported on the catastrophe:

Citing Rising Workload, Public Lawyers Reject Cases

By ERIK ECKHOLM

MIAMI — Public defenders' offices in at least seven states are refusing to take on new cases or have sued to limit them, citing overwhelming workloads that they say undermine the constitutional right to counsel for the poor.

Public defenders are notoriously overworked, and their turnover is high and their pay low. But now, in the most open revolt by public defenders in memory, the government appointed lawyers say budget cuts and rising caseloads have pushed them to the breaking point.

The full article in Sunday's New York Times is here.

Don’t Tase Me, Bro!

Have you ever:
  • Drawn a picture of an SUV?
  • Worn a hoodie?
  • Refused an order to sod your lawn?
  • Given the wrong account of history?
These are among dozens of acts for which people have been arrested, suspended from school, gone to jail, or faced other sanctions in just the past few months. No kidding.

It's all documented by Phil Leggiere on the new civil libertarian blog, "Don’t Tase Me, Bro!"

Check it out here. If you like it, you can add it to your feeds.

November 7, 2008

5th-grader suspended for vampire drawing

Perhaps I am too fixated on Halloween (I promise to stop now!), but I found this story out of Savannah, Georgia fascinating, with its hysterical and racist undertones. Of course, this 5th-grader's troubles were nothing compared to what happened to high schooler Tim Masters when he drew scary pictures.

Halloween drawing scares teacher, gets student in hot water


Fifth-grader Jordan Hood thought the bloody vampire he drew in art class was scary, but he had no idea it would elicit a horrifying response from one of his teachers.

Tuesday morning, Jordan was assigned to draw a scary Halloween mask in art class.

By the end of the day, Jordan was being told he could not return to Pooler Elementary School until he passed a psychological evaluation....

During art class Tuesday, Jordan drew a scarred vampire with bloodshot eyes and with blood dripping from its nose, mouth and down its cheeks. Art teacher Lloyd Harold helped the boy shade the sketched eyes to give the drawing an even creepier look.

"The assignment was to draw a scary mask or picture - basically a Halloween activity," Harold said.

As a final gory touch, Jordan used a red marker to write "I Kill For Blood" under his drawing.

The picture was not destined for the cover of Fangoria magazine, but it fulfilled the requirement for fifth-grade Halloween art.

However, when Jordan's homeroom teacher, Melissa Pevey, saw the drawing, she found it disturbing. Pevey was concerned enough to contact assistant principal Valerie Johnson and Campus Police.

But it wasn't blood and gore that bothered Pevey.

She believed the blood looked a lot like gang-related teardrop tattoos, and she thought the words "I Kill For Blood" could be tied to an infamous Los Angeles street gang known as The Bloods.

Jordan's mother, LaKisha Hood, was shocked to find that her son's art lesson had evolved into a gang investigation.

"They told me the droplets could actually be a gang symbol for the number of people he killed," she said.

Burnsed said the district has asked teachers to be wary of anything that might be harmful to students. He also said the district has provided gang-identification training.

He did not know whether classroom teachers were trained in gang symbolism.

"The teacher was concerned and referred it to the Campus Police," Burnsed said. "(Campus Police Capt. Joan) Sasser wasn't sure that it meant anything."

So they resolved the issue by requiring Jordan to undergo psychological testing with Gateway Mental Health.

Jordan's family didn't want him to miss school, so he went in for testing first thing Wednesday morning - getting him back to school in time for the fall dance that afternoon.

Although he only lost about two hours of instruction, his mother fears the incident also might cost him a bit of innocence and trust.

"He didn't know anything about gang symbols until the teacher accused him," she said. "We moved to Pooler thinking he'd be in a more diverse school with better opportunities.

"And so far, it hasn't been a pleasant experience."

The full story is here. I have previously highlighted the story of Tim Masters, who was convicted of murder in large part due to a series of "scary doodles."

Hat tip: The excellent blog, Don't taze me, Bro!

November 3, 2008

Movie recommendation: The Changeling

The Changeling is a powerful film. It tells the long-forgotten story of a working-class woman who brought down the corrupt establishment of Los Angeles 80 years ago.

Angelina Jolie gives a strong, Oscar-worthy performance as Christine Collins, a single mother and one of the first female supervisors at the phone company who refuses to bow down to corrupt police when her son vanished without a trace in 1928.

Los Angeles on the brink of the Great Depression was an epitome of corruption. The police chief, James "Two Guns" Davis, had an officially sanctioned "gun squad" that terrorized opponents with impunity. When Collins' son Walter vanished, the L.A. police were embarrassed by their inability to find him. To squelch public criticism, they tried to convince Collins that a young drifter was her son. When Collins protested, police Captain J.J. Jones labeled her as histrionic and delusional and had her locked in a "psychopathic ward."

Luckily for Collins, her plight came to the attention of Gustav A. Briegleb, a Presbyterian minister and community organizer who regularly lambasted police corruption on his radio show. It was through Briegleb's help that Collins was able to get a lawyer and tell her story. Indeed, although it is not mentioned in the movie, Collins' case led to passage of a law that prohibited police from incarcerating people in psychiatric facilities absent due process.

My review continues here (click to the Amazon page and then scroll down to the customer reviews; please click on "yes" if you find the review helpful).