2/16/2010 Susan GendronPsy 422 – M6:A2Kip Kinkel Case

Preliminary Report

Role Psychiatric Disorders Play in Juvenile Criminality

• First and foremost, psychosis and paranoid schizophrenia are commonly first in the line of psychiatric mental disorders that lead juveniles to commit serious crimes and lose control of their mental processes such as serial killers, rapists, and murders.

• In Kip Kinkel’s case of murderous rampage, psychologist Dr.Hicks, states that upon his initial evaluation. He determined Kinkel suffered from extreme depression, General social anxiety disorder, paranoid schizophrenia.

• Findings later revealed “psychosis, hallucinations and delusions were discovered when Dr. Bolstad, psychologist questioned Kinkel by asking him, if he “heard voices”? Kinkel replied, “Yes” linked to several episodes from his home environment and at high school. “

• Medical treatment modalities include anti-depressants, Prozac 20 mg given over a few months for Kinkel by Dr. Hicks, his first psychologist. Positive results were achieved and Prozac was later discontinued when Kinkel’s depression was arrested. He no longer exhibited displaced anger by kicking holes in walls. This had been what brought him into counseling along with difficulty spelling and writing from its onset in first grade. (Hicks, 1997).

Specific Types of Competencies Important to Case

• Competency of defendant, Kip Kinkel, to waive his constitutional rights. This refers the juvenile, Kip, must decide whether or not he desires legal representative or an attorney to counsel and represent him “before custodial interrogation by police.

• Juvenile may waive the right to legal representation during a delinquency hearing. There are various moments that allow the juvenile to waive his rights to representation and legal counsel prior to the trial.

• The rationale in Kip Kinkel’s case is retaining an attorney would be beneficial to attempt to mitigate substantive evidence related to a reduced

1

life sentence with potential for parole.

2/16/2010Susan GendronPsy 422 – M6:A2

• He was required to enter a plea of insanity or plead guilty to his murderous rampage at Thurston High School. (Miranda v. Arizona, 1966). By Kinkel pleading not guilty and refusing to waive his Constitutional rights of the Fifth Amendment this prevents him from self-inflicted incrimination prior to police questioning. Otherwise, anything he says to police can be held against his better interests in a court of law.

• However, Kinkel should not have waived his right to legal counsel and representation. His advantage point would have been to attempt to mitigate any evidence presented to the best of his defense attorney’s recommendations. By striving for a reduction of the total 111 years of his prison sentence associated with the jury’s final verdict at the close of the trial.

• Secondly, adjudicative competence is “the ability to participate in a wide variety of juvenile court proceedings. (Oberlander et al., 2001)

• This is best explained when “juvenile proceedings can involve a range of pre-trial strategies and decisions. Juveniles often must decide whether to accept the assistance of an attorney.

• Juveniles may be given a choice between (“diversionary programs where they typically must admit guilt) and “delinquency proceedings where they formally plead guilty or their guilt must be established by the prosecutor beyond a reasonable doubt – due process”). (Oberlander et al., 2001.)

• The rationale concerning juveniles is associated as adjudicative competence is equal to competency to stand trial for adults linked to the court’s final verdict at the close of the criminal trial.

Aspects of Case Important to Legal Concept of Competency

• It is the role of forensic psychologists to establish whether the defendant’s waiver must be voluntary, knowing and intelligent.

• Findings of SPECT CT Brain Scan revealed Kinkel is not competent to • stand trial in accordance with Dr. Konkol, pediatric neurologist, who• thoroughly delivered a factual testimony proving congenital brain defects

2

• in several lobes affecting sufficient decision-making ability and cognitive• deficit.•2/16/2010Susan GendronPsy 422 – M6:A2

• Kip Kinkel’s level of intelligence is well over-compromised and permanent in nature per Dr. Konkol’s court testimony.

• However, in reference to the legal question of intent to kill. the defendant, Kinkel, his journal entries definitely revealed pre-meditative intent to purchase guns, and kill his parents.

• Secondary substantive evidence was proven through the investigation of the family residence, when authorities found bombs wrapped around his parent’s bodies following the murder.

• Third, his psychotic behavior following the slaying of his parents revealed the progression of psychosis and criminal acts when he stole his parent’s car, brought the Glock pistol and semi-automatic rifle to Thurston High and shot 15 victims, and killed two classmates.

Explain if Kinkel Should be Medicated During Trial

• Psychotropic medications would be in order knowing the severity of his longstanding congenital brain defects associated with his known reduced brain activity and difficulty focusing. He deserves some dignity as a human being to address his anger management, psychosis episodic behavior pattern, paranoid schizophrenia and major depression relative to the multiple “ratty” areas and “holes in his frontal, temporal and parietal lobes of brain per Dr. Konkol, pediatric neurologist.

• Lastly, according to Dr. Konkol, psychologist’s testimony, he also stated Kinkel’s scan findings show “weakness of upper motor neuron distribution to muscles.” Knowingly, he testified to the court these finding definitely confirm Kinkel suffers from mental illness.

Explain How Defense Should Plead

• The defendant should plead non-guilty and insist on trial by jury to receive a fair hearing and trial in accordance with his Constitutional rights of the Fifth Amendment. However, a legislative waiver is issued to 15 y.o. minors charged with murder. The latter calls for automatic transfer of Kinkel’s case to a criminal court, where he will be tried as an

3

adult.

References

(Smart, 2004), Psychology and Law, “Competency to Waive ConstitutionalRights”, p. 388.

(Smart, 2004), Psychology and Law, “Adjudicative Competence”, p. 390

(Smart, 2004), Psychology and Law, “Age & Developmental Considerations”p. 391

(http://www.trutv.com/library/crime/serial_killers/weird/kids1/kinkel_2.html.); “School Killers”, (Ramsland). p.1, p.2.

(http://www.pbs.com/wqbh/pages/frontline/shows/kinkel; “Kip Kinkel”, (Verhovek, 1991).

4

5