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Psychological Jurisprudence SUNY series on New Directions in Crime and Justice Studies Austin T. Turk, editor Psychological Jurisprudence Critical Explorations in Law, Crime, and Society Edited by Bruce A. Arrigo State University of New York Press Published by State University of New York Press, Albany © 2004 State University of New York All rights reserved Printed in the United States of America No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher. For information, address State University of New York Press, 90 State Street, Suite 700, Albany, NY 12207 Production by Michael Haggett Marketing by Susan M. Petrie Library of Congress Cataloging in Publication Data Psychological jurisprudence : critical explorations in law, crime, and society / edited by Bruce A. Arrigo. p. cm. — (SUNY series in new directions in crime and justice studies) Includes bibliographical references and index. ISBN 0-7914-6151-3 (hardcover : alk. paper) — ISBN 0-7914-6152-1 (pbk. : alk. paper) 1. Forensic psychology. 2. Insanity—Jurisprudence. 3. Crime—Psychological aspects. I. Arrigo, Bruce A. II. Series. K2289.P79 2004 340'.19—dc22 2004007830 10 9 8 7 6 5 4 3 2 1 Contents Preface vii 1. The Critical Perspective in Law-Psychology Research: New Directions in Citizen Justice and Radical Social Change Bruce A. Arrigo 1 2. Anarchic Insurgencies: The Mythos of Authority and the Violence of Mental Health Christopher R. Williams 43 3. A Critical Perspective on Freud’s Theory of Parricide and Crime in General Phillip C. H. Shon 75 4. Media Images, Mental Health Law, and Justice: A Constitutive Response to the “Competency” of Theodore Kacyznski Michael P. Arena and Bruce A. Arrigo 99 5. The Diminishing Sanctity of Youth: Contributions from General and Family Systems Theory Jeffrey L. Helms and Bruce A. Arrigo 6. Recent Perspectives on Penal Punitiveness Véronique Voruz 127 155 7. Is Rationalization Good for the Soul? Resisting “Responsibilization” in Corrections and the Courts 179 Shadd Maruna v vi CONTENTS 8. Prospects for Justice at the Law-Psychology Divide: An Agenda for Theory, Research, and Practice Bruce A. Arrigo 201 About the Contributors 231 Index 235 Preface OVERVIEW The field of law and psychology (or law-psychology-crime more generally) emerged more than three decades ago committed to effecting meaningful, sustainable change for persons funneled through various systems of institutional control (e.g., the systems of criminal justice, mental health, social welfare, children and youth services). The belief was that the values and insights of psychology (and psychiatry) could humanize the experiences of people subjected to these (totalizing) apparatuses in ways that would foster, among other things, justice, empowerment, dignity, and social well-being. Regrettably, mental health law research, policy, and practice has substantially failed to advance its original goals. Indeed, while we have come to learn a great deal about such matters as jury selection, eyewitness testimony, competency to stand trial, psychopathy, and the like, we know very little about the cultural, political, economic, social, and philosophical forces that inform such concerns. As a consequence, while our technical sophistication on these (and related) law-psychology issues has increased, the connections between this important knowledge and citizen