U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Criminal Defendants Who Desire Punishment

NCJ Number
134071
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 18 Issue: 4 Dated: (1990) Pages: 385-391
Author(s)
K L Appelbaum
Date Published
1990
Length
7 pages
Annotation
Because some criminal defendants desire to be punished, their clinical status is relevant to their competency to stand trial.
Abstract
Certain defendants may respond to the criminal process in ways that do not otherwise serve their best interests. Instead of attempting to defend themselves, such individuals actively seek conviction or at least behave in a manner that increases the likelihood of conviction. Under these circumstances, courts may seek mental health consultation to clarify the defendant's self-destructive motivation. Specific concerns may include questions or trial-related competency, criminal responsibility, and sentencing considerations. The clinical assessment of defendants who desire punishment must recognize that an individual's desire for punishment can be rooted in psychotic or nonpsychotic motivations. The former may include paranoid delusions or depression, while the latter may include masochistic personality traits, political motivations, or a conscious wish for atonement. Judicial determinations of incompetency are more likely when a defendant is psychotic or mentally retarded. Courts and forensic mental health evaluators need to assess the capacity of punishment-seeking defendants to waive rights not usually considered in routine competency to stand trial examinations. By clarifying clinical reasons for a defendant's desire for punishment, the forensic evaluator can assist the court in adjudicating competence to waive rights and to stand trial. A case history of a defendant who sough punishment demonstrates some of the legal and clinical issues involved. 31 references