Mad, the Bad, and the Innocent, The: The Criminal Mind on Trial - Tales of a Forensic Psychologist [Hardcover]

Barbara R. Kirwin (Author)

Book Description

Publication Date: August 11, 1997

The New York area's premier forensic psychologist--the expert prosecutors turn to when a defendant claims insanity--looks back over her most celebrated cases to deliver a no-holds-barred critique of recent insanity defense abuses. Zeroing in on cases such as the Menendez brothers and Jeffrey Dahmer, Kirwin shows how unscrupulous defense attorneys and overzealous prosecutors have perverted the true purpose of the insanity defense. of photos.

Editorial Reviews

Amazon.com Review

"Americans are frightened and outraged by violent crime and their frustration at not being able to stop it. Bashing the insanity defense is universally seen as a way of getting tough on crime. Ironically, as we all seem to abdicate responsibility for our own lives, we seem to assert that everyone else, even the mentally impaired, is responsible for his." Barbara Kirwin is a forensic psychologist most often employed by prosecuting attorneys to distinguish the bona fide mental cases from the fakers. In The Mad, the Bad, and the Innocent she delivers a stinging critique of the American legal system's abuse of the insanity defense--both what she calls "designer defenses" that put violent psychopaths in mental hospitals, and the equally deplorable practice of sending schizophrenics to jail. Her writing style is engaging, but she lapses occasionally into a self-dramatizing mode that undercuts the seriousness of her concerns. The strength of The Mad, the Bad, and the Innocent is in the examples: dozens of fascinating case histories illustrate, better than any mere argument could, the complex issues involved in deciding who is sick and who is evil.

From School Library Journal

YA?Kirwin is a leading New York forensic psychologist who has tested, and testified for over 100 defendants who have pled insanity in criminal trials. Her assignment, usually at the request of the prosecution, is to see whether the insanity plea is valid in each instance. This practical experience lends gravitas to her reasoned criticism of the misuse of the insanity defense and the inadequate way in which the legal system deals with the criminally mentally ill. Interspersed with the thoughtful and fascinating case histories of defendants, ranging from serial killers to Susan Smith, is an evenhanded and clear exposition of the recent history and current use of the insanity plea. The author differentiates between psychopaths and the truly ill. Kirwin also explains that there is no such thing as "temporary insanity." The author also gives a concise and vivid?and appalling?history of mental treatment during and since the Reagan administration. There is much food for class discussion and research here. An important and thoughtful book that will lead readers to a much clearer understanding of how inadequately mental illness is treated legally, and how this inadequacy affects even the healthy parts of society.?Judy McAloon, Potomac Library, Prince William County, VA
Copyright 1998 Reed Business Information, Inc.

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Product Details

• Hardcover: 320 pages
• Publisher: Little, Brown and Company; 1st edition (August 11, 1997)
• Language: English
• ISBN-10: 0316494992
• ISBN-13: 978-0316494991
• Product Dimensions: 6.2 x 1.1 x 9.5 inches
• Shipping Weight: 1.3 pounds (View shipping rates and policies)
• Average Customer Review: 3.4 out of 5 stars  See all reviews (8 customer reviews)
• Amazon Best Sellers Rank: #884,320 in Books (See Top 100 in Books)

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Customer Reviews

Most Helpful Customer Reviews

9 of 9 people found the following review helpful:

4.0 out of 5 stars Passionate indictment of court treatment of insanity issues, April 5, 2002

By 

H. F. Gibbard "Noir Guy" (Dark City, USA) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: The Mad, the Bad, and the Innocent: The Criminal Mind on Trial--Tales of a Forensic Psychologist (Mass Market Paperback)

In this timely, interesting book, psychologist Barbara R. Kirwin writes of her experience as a forensic psychologist in the New York City area. Kirwin did most of her evaluations and testimony on behalf of the prosecution, but her writing does not suffer from a prosecutorial bias. Rather, Kirwin attacks the treatment of insanity issues in the courts from a perspective outside traditional categories.

While Kirwin deplores the use of "designer defenses" by high-paid counsel attempting to secure acquittals for psychopathic clients, she also is dismayed by juries' willingness to convict persons who are obviously mentally ill and in need of treatment, simply because the defendant "did the crime." Her lack of faith in jurors' ability to understand and apply the various insanity tests leads her at one point to suggest that insanity issues be removed from the jury's consideration altogether. She does not discuss the issues this might raise under the Sixth Amendment to the Constitution, which guarantees a defendant the right to jury trial. This is a very thorny issue and deserves further study. Overall, Kirwin is better at identifying the problems with such relics as the M'Naughten insanity test than she is at proposing workable solutions.

The book would have benefitted from a broader discussion of the issues surrounding some of the defenses she discusses, including the multiple personality disorder defense. That defense poses fascinating philosophical and criminological issues, since the "alternate personality" who committed the crime is still part of the defendant's self, though perhaps alienated from the "higher" personae who are more capable of controlling their actions. Kirwin believes psychopaths should be punished for their crimes; what about a psychopathic "alternate personality"? A lot more could have been said here; overall Kirwin just skims the surface.

6 of 6 people found the following review helpful:

5.0 out of 5 stars Fascinating tour for the general reader., February 5, 1998

By A Customer

This review is from: Mad, the Bad, and the Innocent, The: The Criminal Mind on Trial - Tales of a Forensic Psychologist (Hardcover)

When a murderer pleads insanity in the New York City area, he is likely to meet Barbara Kirwin.
A forensic psychologist of great experience, she skillfully employs the standard tools of her profession: and her own highly refined judgement, to help determine the degree of legal responsibility for criminal acts, usually murder.
In her highly readable memoir, Kirwin uses several cases from her personal experience to illustrate the uses and abuses of the insanity defense; just and humane in some cases, wildly inappropriate in others. She exposes the dangerous folly of the lawyer-created "designer defense", and delineates carefully the dividing lines between the mad and the psychopaths who manipulate the system to evade responsibility for their acts. The author ends with a "manifesto for sanity" in which she makes some recommendations which should be carefully studied by policy-makers and anyone else concerned with public safety and humane treatment of the genuinely mentally ill. Highly recommended.

(The "score" rating is an ineradicable feature of the page. This reviewer does not "score" books.)

5 of 5 people found the following review helpful:

4.0 out of 5 stars Good discussion of items that often get overlooked., October 1, 1997

By A Customer

This review is from: Mad, the Bad, and the Innocent, The: The Criminal Mind on Trial - Tales of a Forensic Psychologist (Hardcover)

I thought the book was well written and explained much about psychiatry and the law that gets overlooked with the parades of experts and media saturation that frequently accompany reporting of sensational and grisly crimes. Dr. Kirwin's criticism of "designer defenses" was very good and showed the extent to which their use (or misuse) makes it more difficult for those criminal defendants who truly have mental illnesses. I particularly agreed with Dr. Kirwin's recommendation that television cameras be barred from courtrooms, as some states (like Pennsylvania) and federal courts continue to do. I recommend it for any reader who is interested in knowing about a very controversial topic.