YEAR	Death Penalty	AUTHOR	SOURCE	SELECTION	ABSTRACT
2009	Aftermath of Atkins-pespective on managing the death penalty and mental retardation cases	Clarence Watson JD, MD	Psychiatry journal	5408	The United States Supreme Court decision in Atkins v. Virginia held that the Eight Amendment of the U.S. Constitution prohibits capital punishment of mentally retarded defendants. The Supreme Court, however, left for the individual states the task of adopting procedures to legally determine the presence of mental retardation. The presenters will explore the evolution of judicial treatment of mental retardation and the death penalty and will discuss a recent state court decision in State of New Jersey v. Jimenez (2007) and its approach to managing the requirements of Atkins. Important considerations for the forensic psychiatrist to bear in mind in criminal cases where a diagnosis of mental retardation must be appropriately established in order to avoid the death penalty will be outlined
2008	Aftermath of Atkins: a perspective on managing the death penalty and mental retardation cases	Clarence Watson, J.D., M.D. Kenneth Weiss, M.D.	psychiatry CD	10616	The United States Supreme Court decision in Atkins v. Virginia held that the Eight Amendment of the U.S. Constitution prohibits capital punishment of mentally retarded defendants. The Supreme Court, however, left for the individual states the task of adopting procedures to legally determine the presence of mental retardation. The presenters will explore the evolution of judicial treatment of mental retardation and the death penalty and will discuss a recent state court decision in State of New Jersey v. Jimenez (2007) and its approach to managing the requirements of Atkins. Important considerations for the forensic psychiatrist to bear in mind in criminal cases where a diagnosis of mental retardation must be appropriately established in order to avoid the death penalty will be outlined.
2009	Assessing adaptive behavior of criminal defendants in capital cases-a reconsiderations	Keith Widaman PhD Gary Siperstein PhD	psychology journal	9019	A key aspect of the diagnosis of mental retardation, particularly for defendants in Atkins cases, is the assessment of deficits in adaptive behavior. Recently, Denkowski and Denkowski proposed a comprehensive model for the assessment and evaluation of adaptive behavior of such defendants. This comprehensive model has many aspects that are inconsistent with accepted professional standards for the administration and scoring of psychological measurements. We discuss what we see as the major problems with the comprehensive model, citing research literature that conflicts with their recommendations. We close by offering suggestions regarding how adaptive behavior deficits might optimally be assessed.
2003	Atkins v. Virginia and its impact on the mentally retarded capital offender	Marc L Zimmermann PhD	psychology tape	3060	The recent Supreme Court ruling in Atkins v. Virginia will be reviewed, along with the criteria established to diagnose mental retardation in a capital murder case. Methods to effectively present a diagnosis of mental retardation which meets the requirements will be offered.
1992	Capital murder: do acquired brain injuries have a role in competency, culpability and causation	Jerid M Fisher PhD	psychology tape	1951	Author discusses the legitimate and illegitimate applications of the brain injury defense to murder offenses. Presentation highlights several legal ethical issues generated by this defense.
1985	Clinical psychologist in death penalty cases-role and critical assessment issues	Dr Thomas O Hilliard	psychology tape	10093	Utilization of clinical data in courtroom testimony to humanize the defendant before the triers of fact, particularly the low-income, ethnic minority client. Presentation of a death penalty case study to illustrate critical assessment issues and presentation of psychological testimony.
2008	Contribution of neuropsychological evaluation in capital cases	Deborah Miora PhD		10822	Historical and more recent legal developments in capital cases have permitted the presentation of defenses about neuropsychological deficits even in the absence of blatant mental retardation. Certain types of deficits are routinely found which bear investigation and consideration, often in the context of histories of complex trauma. Examples focused on executive dysfunction and its ramifications for neuropsychological function will be offered to illustrate the value of neuropsychological investigation in such cases. Problems with ethnic demographic corrections in such contexts will be discussed as pertains to the potential obfuscation of neurodevelopmental disorders and the more appropriate comparison of such data to the general population
2008	Contribution of neuropsychological evaluation in capital caseS	Deborah S. Miora Ph.D.	psychiatry CD	10640	Historical and more recent legal developments in capital cases have permitted the presentation of defenses about neuropsychological deficits even in the absence of blatant mental retardation. Certain types of deficits are routinely found which bear investigation and consideration, often in the context of histories of complex trauma. Examples focused on executive dysfunction and its ramifications for neuropsychological function will be offered to illustrate the value of neuropsychological investigation in such cases. Problems with ethnic demographic corrections in such contexts will be discussed as pertains to the potential obfuscation of neurodevelopmental disorders and the more appropriate comparison of such data to the general population.--Deborah S. Miora, a licensed psychologist in practice for over 20 years, teaches at Alliant International University and is frequently called upon by the courts and attorneys to consult on psychosocial and neuropsychological assessment in both noncapital and capital cases at various phases of legal proceedings. She maintains an active clinical and neuropsychological practice in Beverly Hills, California.
2002	Cross-cultural issues in unveiling family secrets: effective interviewing of "death penalty families"	Adrienne C Davis PhD	psychology tape	10221	In addition to the countless hours a mental health professional spends with the accused, scores of hours are spent interviewing the defendant s family who are often resistant to the process but who hold valuable information about the defendant s life. This information is often critical to understanding the defendant and the factors that predispose to criminal behavior. Moreover, this information is an integral part of a psychologist s testimony during the penalty phase. Attendees will learn how to avoid common interviewing pitfalls, and how to broaden one s interviewing and evaluation strategies for work with death penalty families.
2002	Death penalty - role of behavioral science in shaping public policy	Donna Veraldi PhD Lorna Veraldi JD	psychology tape	10223	This presentation will survey the current literature on the impact of capital punishment and suggest future directions for such research. Attendees will learn what research already is available and to what extent important questions remain to be explored by behavioral scientists.
2008	Death penalty and the mentally retarded	Donna Veraldi PhD Lorna Veraldi JD	psychiatry journal	8106	In 2002 the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment. In theory, the Supreme Court s decision means that no mentally retarded defendant will ever again face execution. However, the Court left it to the states and to juries to decide who is mentally retarded. Prejudices shared by judges, prosecutors, jurors and even some forensic experts may mean that retarded defendants who do not fit common stereotypes about mental retardation may still be subjected to capital punishment, making administration of the death penalty more arbitrary and capricious than before.
2002	Death penalty mitigation factors: neurotoxicity	Raymond Singer PhD	psychology tape	2054	Neurotoxicity can be a factor impairing the ability of a person to control his impulses, to think and plan, and to be competent to commit a crime. A person can be impaired from neurotoxicity occurring at any time during his life, including exposures prenatally, during childhood, or as an adult. The author will present the outline of recent testimony he gave regarding neurotoxicity and other mitigating factors in a case tried and adjudicated in Missouri, where the defendant, a confessed mass murderer, was spared the death penalty. Attendees will be able to identify common neurotoxic hazards and their impact on competency to commit crimes; will be sensitized to critical questions regarding toxicology variables affecting psychological function; will have greater insights into communicating with juries.
no date	Death penalty-medical, legal and and ethical dilemmas	John Dupre MD	psychiatry tape	10092
2002	Effective report writing in capital cases	Marc Zimmermann PhD	psychology tape	2048	A critique of reports used in capital murder cases will be presented. The featured case will reveal a failure to meet ethical standards, resulting in an inadequate report which was instrumental in the death sentence the defendant received. Insights into ethical and appropriate methods of providing information to the court will be demonstrated. Attendees will: learn ethical considerations in training and background to function in a capital trial; acquire the knowledge of how to obtain and present information in a capital case in an accurate and ethical manner; and learn how to conform their reports to state and/or federal law for their jurisdictions.
1990	Establishing mental retardation in capital defendants	George Barolff PhD	psychology journal	6047	Many offenders who might have been classified as "mentally retarded" prior to trial are not so identified. Absence of that diagnosis can, literally, be a matter of life and death.
1988	Ethical, clinical, emotional aspects of testifying in death penalty cases (2 tapes)	Chamberlain TJ MD	psychiatry tapes	1818	Interfacing clinical, emotional and ethical aspects of evaluating and testifying as a psychiatrist/psychologist in death penalty cases.
2007	Evaluating Low IQ Spanish speakers with Standardized Tests in Capital Cases: Clinical, Methodological, and Ethical Issues	Ines Monguio, Ph.D. Dan Close, Ph.D.	psychology CD	10369	Spanish speaking individuals are on the increase in the U.S. criminal justice system. There are challenges in providing accurate assessment to those of low intelligence. The role of culture, potential errors in using existing standardized tests, limited language skills of the inmate, and the skill of the evaluator are all factors to be considered. Ethical considerations related to the Atkins case will be addressed.
2007	Evaluating Sexual Homicide at Capital Sentencing: Two Case Examples	Fabian JM		10355	This presentation will address the preparation of death penalty mitigation in light of U.S. Supreme Court cases such as Wiggins v. Smith (2003) and Ohio v. Lockett (1978). Specifically, this author will present the preparation of mitigation relevant to sexual deviancy disorders in sexual homicide cases. The expert witness must consider the fact that presenting mitigation as to character, background, and mental disorder are relevant to the defendant s moral culpability at capital sentencing. Presenting information relevant to a defendant s sexual deviancy disorder to assist the jury in understanding the homicide they convicted him of is important for the defense team to consider.
1996	Evaluation of defendant charged with capital homicide	Vickie R Gregory PhD, JD	psychology tape	10003	no abstract
2006	Examination instead of execution: can a convicted killer survive the death penalty	Timothy Michals MD Steven Samuel PhD	psychiatry CD	3224	The Supreme Court s 1986 opinion, Ford v. Wainwright, in accordance with British common law, stated executing an insane prisoner is unconstitutional. Since then, no single evaluative standard for the assessment of competency to be executed has emerged. While the Court indicated the essential construct was whether the inmate has a cognitive awareness of the impending execution and its reasons, there is a lack of objective instruments or tools to include in the evaluative process; states have no common statuary evaluative schema, and states vary widely in statutes and degree of guidance regarding how competency to be executed is defined and practically expressed. This creates a conundrum of ambiguity for forensic psychiatrists. The presentation will describe our experiences conducting competency to be executed evaluations. Essential components of the evaluations, relevant psycholegal issues, and implications for evaluative methods and findings will be discussed.
1990	Expert witness assistance in death penalty cases requiring special expertise	Howard Albrecht PhD	psychology tape	10213	Capital cases involve a separate penalty phase trial and present a new area of need for professional expertise. Courts have consistently ruled that the capital sentencing jury must have the opportunity to consider all relevant facts, not only concerning the offense but also the offender. Attorneys representing clients charged with capital crimes can benefit from the assistance of psychologists in presenting relevant information.
2006	Forensic psychological consultation in US death penalty cases in state and federal courts	Dr Elliot Atkins	psychology tape	3259	no abstract
2006	Forensic psychological consultation in US death penalty cases in state and federal courts	Dr Elliot Atkins	psychology CD	10734	The death penalty has always been, and will always be, a topic of controversy from the issue of its constitutionality to the variability in its application. The authors provide an overview of the development of capital punishment and focus upon the role of the forensic psychologist, specifically as it applies to mitigation. The presentation will address the forensic psychological evaluation, particularly, the mitigation investigation in death penalty cases. Attendees will learn the current statutory sentences in the U.S. concerning capital cases; recent legal decisions affecting capital cases will be discussed; a detailed methodology for a mitigation evaluation will be submitted in six specific areas. Elliot L. Atkins, Ph.D., is a clinical and forensic psychologist with offices in New Jersey and Pennsylvania. He has 30 years of experience in capital cases throughout the United States; John W. Podboy, Ph.D., is a California clinical and forensic psychologist who has been involved in more than 300 homicide cases, many of them capital cases, in various United States jurisdictions.
2007	Forensic psychological consultation in US death penalty cases in state and federal courts	Elliot Atkins EdD John Podboy PhD Kimberly Larson MS Nathan Schenker JD	psychology CD	7013	The death penalty has always been, and will always be, a topic of controversy from the issue of its constitutionality to the variability in its application. The authors provide focus upon the role of the forensic psychologist, specifically as it applies to mitigation.
1995	Homicide, prosecutorial and jury discretion, psychopathology and the death penalty	Richard Yarvis MD	psychiatry tapes	1345	no abstract
2009	Is more mitigation better? a comparison of the additive and averaging models in capital cases	Brooke Butler PhD Gary Moran PhD	psychology journal	9018	Two hundred forty venirepersons from the 12th Judicial Circuit in Florida completed a booklet that contained the following: 1) one question that measured their level of support for the death penalty; 2) one question that categorized their death-qualification status; 3) the ATDP; 4) the RLAQ; 5) a summary of the guilt and penalty phases of a capital case in which either strong or a combination of strong and weak mitigation was presented; 6) sentence preference; 7) five questions that measured participants evaluations of the mitigation presented in a hypothetical capital case vignette; and 8) standard demographic questions. Results indicated that level of mitigation, level of support for the death penalty, death-qualification status, and scores on the ATDP and RLAQ were related to sentence preference and evaluations of mitigation.
2006	Mental retardation and the death penalty-understanding the standards of practice	John Philipsborn JD	psychiatry tape	3258	no abstract
2006	Mental retardation and the death penalty-understanding the standards of practice	John Philipsborn JD	psychiatry CD	10733	This presentation will focus on the current definitions of mental retardation in capital cases, and on the standards of practice for mental health experts and lawyers alike when preparing and presenting testimony on the subject. John Grele, J.D. is an attorney in San Francisco who has handled capital cases at trial and in the post conviction stage.
2006	Mental retardation and the death penalty: understanding the standards of practice	Grele J	psychiatry tapes	10233	This presentation will focus on the current definitions of mental retardation in capital cases, and on the standards of practice for mental health experts and lawyers alike when preparing and presenting testimony on the subject.
1992	Mitigating factors in death penalty cases- a psychological perspective	Marc L Zimmermann PhD	psychology tape	1987	Because of recent federal court decisions limiting post-conviction relief, it is more important than ever to properly prepare mitigation in capital cases. Appropriate areas of investigation, interpretation of selective psychological instruments, incorporation of family history, data gathering procedures and testimony are explored.
2008	Panetti s rational understanding of mental illness: denial and the death penalty	Alan Abrams, M.D., J.D. Alan Newman, M.D. Kylee Stevens, M.D. Tyler Jones, M.D Gavin Rose, M.D.	psychiatry CD	10612	Facts and jurisprudence related to the Supreme Court's Panetti decision announcing a further refinement of the Ford prohibition against executing "the insane" will be covered. Presenters will explore both the history, rationales and jurisprudence related to the concept of competency to be executed, and the underlying conception (misconception) of mental illnesses held by the courts in considering individual cases. The role of denial and more primitive psychological defenses against terror, and how these relate to concepts of mental illness will be addressed, as will continuing contradictions in Supreme Court Jurisprudence on mental illness, mental retardation and the death penalty.-
1993	Psychiatrist and the death penalty	Hicks PS	psychiatry journal	8003	Views of a San Quentin prison psychiatrist: Working therapeutically with condemned inmates is somewhat akin to the work of an oncologist or an AIDS practitioner. In each instance, it is easier to support denial and focus upon the technical aspects of one's job, avoiding empathy with the human being who is coming closer to death. The physician can, by his presence and support, help his patient face the prospect of death, perhaps with more equanimity and, at the very least, less aloneness.
2002	Psychiatry and the death penalty	Ralph Slovenko JD, PhD	psychiatry tapes	2055	This presentation covers the role of psychiatry and psychiatric testimony in the imposition and carrying out of the death penalty. Attendees will learn about the legal issues involving psychiatric testimony in capital cases from the viewpoint of an attorney.
1995	Role of psychiatrist in homicide, capital and appeals cases	Jay M Jackman MD	psychiatry tapes	10019	no abstract at this time
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.
2008	The death penalty and the mentally retarded	Donna Veraldi PhD Lorna Veraldi JD	Psychology journal	5254	In 2002 the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment. In theory, the Supreme Court s decision means that no mentally retarded defendant will ever again face execution. However, the Court left it to the states and to juries to decide who is mentally retarded. Prejudices shared by judges, prosecutors, jurors and even some forensic experts may mean that retarded defendants who do not fit common stereotypes about mental retardation may still be subjected to capital punishment, making administration of the death penalty more arbitrary and capricious than before.
2008	The death penalty and the mentally retarded	Donna M Veraldi PhD Lorna Veraldi JD	psychology journal	10783	In 2002 the United States Supreme Court held that executing the mentally retarded violates the Eighth Amendment prohibition on cruel and unusual punishment. In theory, the Supreme Court s decision means that no mentally retarded defendant will ever again face execution. However, the Court left it to the states and to juries to decide who is mentally retarded. Prejudices shared by judges, prosecutors, jurors and even some forensic experts may mean that retarded defendants who do not fit common stereotypes about mental retardation may still be subjected to capital punishment, making administration of the death penalty more arbitrary and capricious than before.
2004	The death penalty and the mentally retarded: the role of the psychologists after Atkins v. Virginia	Donna Veraldi PhD Lorna Veraldi JD	psychology tape	3100	Attendees will understand the States' criteria for establishing and defining mental retardation and the role of the psychologist in capital cases in which mental retardation is a factor
2003	The forensic evaluation of a mentally retarded criminal in a capital case	Timothy Michals MD Steven Samuel PhD	psychiatry tapes	3003	While the Supreme Court offers no guidance on how the diagnosis of mentally retardation should be properly defined for purposes of capital punishment, their ruling signified that all 20 states which allowed execution of retarded killers would have to develop procedures to determine who is mentally deficient. A capital case in which the speakers consulted, involving an adult who had been diagnosed with mental retardation, will be presented.
1994	The mental health evaluation in capital cases-standards of practice	Douglas S. Liebert, PhD	psychiatry journal	8052	At the request of counsel for Dan Jones, I conducted a psychiatric examination of Mr. Jones at Walla Walla State Penitentiary over a two day period on July 1 and 2, 1992. The purpose of my interview was to determine Mr. Jones mental status currently and at the time of the offenses for which he has been sentenced to death; the factors that influenced his development and functioning; the reliability of statements he gave to law enforcement officers; his ability to aid and assist counsel and to understand rationally and factually the proceedings against him; his competency to testify; his ability to make knowing and intelligent waivers of his rights including his right to counsel, to trial, to the confrontation and cross-examination of witnesses; and the presence, severity and effect of child abuse.,, This article proposes standards of practice in mental health evaluations of capital cases. Without valid, reliable standards and criteria there is no adequate safeguard present to assure that the trier of fact will have the data needed to make an informed sentencing decision. The standard proposed is widely accepted as appropriate in standard mental health clinical evaluations, but is frequently not applied in capital cases. We propose that the following five steps should be used in all capital cases: 1) the collection of an accurate medical, developmental, psychological and social history, gathered from multiple sources; 2) a thorough physical and neurological examination; 3) a complete psychiatric and mental status examination 4) diagnostic studies, including psychometrically based approaches to personality assessment, neuropsychological testing, appropriate brain scans, and blood tests or genetic studies; 5) the use of other specific specialists and additional appropriate tests as indicated.
1994	The mental health evaluation in capital cases-standards of practice	Douglas S. Liebert, PhD	psychology tape	10220	At the request of counsel for Dan Smith, I conducted a psychiatric examination of Mr. Smith at a State Penitentiary over a two day period on July 1 and 2, 1992. The purpose of my interview was to determine Mr. Smith s mental status currently and at the time of the offenses for which he has been sentenced to death; the factors that influenced his development and functioning; the reliability of statements he gave to law enforcement officers; his ability to aid and assist counsel and to understand rationally and factually the proceedings against him; his competency to testify; his ability to make knowing and intelligent waivers of his rights including his right to counsel, to trial, to the confrontation and cross-examination of witnesses; and the presence, severity and effect of child abuse.
2007	The Psychological Concomitants of Capital Punishment	Sharon Foley MD, MRCPsych Brendan Kelly MD	psychiatry journal	7042	There is a high prevalence of mental illness among prisoners awaiting execution but a dearth of information about the psychological concomitants of imminent execution. We used an adapted version of the Thematic Guide for Suicide Prediction to study predominant themes and psychological factors in last statements made by all death row prisoners executed in Texas between April 2002 and November 2006. The most common themes were spirituality, regret and love. The psychological factors most evident were identification-egression (associated with nonsexual offending, admitting to offense and expressing love), unbearable psychological pain (associated with younger age at offense and shorter period on death row) and rejection-aggression (associated with sexual offending, spiritual references, anger and absence of regret). There is similarity in psychological factors in last statements from death row and suicide notes, suggesting a convergence of psychological concerns at the end of life, regardless of the circumstances of imminent death.
2002	The role of forensic psychiatrists in capital murder cases	Steven Samuel PhD	psychiatry tapes	2050	There are an estimated 3,700 inmates on death row within 40 jurisdictions having capital punishment statutes. Of these individuals, approximately 700 have been put to death since 1977. Capital murder cases raise constitutional questions and also pose intense personal, professional and ethical issues for the forensic psychiatrist who is often asked to assume multiple roles in the pre and post conviction phases of the trial. These roles are shaped by many forces; there are few existing guidelines for the forensic practitioner; and the cases themselves are embedded in a continually evolving sociocultural/legal context. This presentation will focus on several capital murder evaluations completed by the speakers. The case vignettes will highlight a variety of forensic issues. An evaluative format will be presented along with guidelines for training of future forensic practitioners. The objectives of this presentation are to provide the participants with updated literature on capital murder cases; to describe an evaluative format for forensic psychiatrists who participate in such cases; and to educate participants about the multiple psychiatric, moral, legal, and personal issues faced by the forensic psychiatrist who participates in capital murder cases.
1997	University student attitudes and perceptions of the death penalty	R Edward Geiselman PhD Kimberly Firment	psychology journal	442	Even with the present sample from a college population, the vast majority favored the death penalty. However, information on exactly what favoring the death penalty means is crucial to policy makers if the reasons are attributed to symbolic rather than instrumental or rational reasons. Policy makers also should be aware that although the vast majority of Americans are in favor of the death penalty, it does not necessarily mean that the same Americans endorse the death penalty for juveniles or have extensive factual knowledge concerning the death penalty. It was predicted that attitudes toward the death penalty would be based on emotional or symbolic arguments (e.g., retribution) rather than factual or rational arguments (e.g.,knowledge concerning the death penalty and deterrence). One hundred and three male and ninety-nine female undergraduate students filled out a ten-page questionnaire assessing both directly and indirectly their attitudes toward the death penalty. Results confirmed that more than half of the sample endorsed retribution as a basis for support of capital punishment.
2008	Use of mental health professionals in death penalty cases	Brett Trowbridge, Ph.D., J.D.	psychology CD	10645	Since the United States Supreme Court reinstated the death penalty in 1975, a number of U.S. Supreme Court cases have served to expand the role of psychologists in death penalty litigation, since in every capital case there must now be an individualized assessment of mitigating factors. All death penalty schemes now provide for extensive investigation of mitigating factors, usually involving extensive evaluation of the defendant by mental health professionals. One important issue is determining whether the defendant was severely mentally ill at the time of the crime. Another issue frequently evaluated by psychologists is the defendant's likelihood of committing further crimes if he escapes the death penalty and instead is sentenced to life in prison. Research shows that convicted murderers are statistically less likely to commit crimes while in prison than inmates convicted of other offenses.--Brett Trowbridge, Ph.D., J.D., is a licensed psychologist and a member of the Washington Bar. He has been a forensic psychologist for 30 years.
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