1. 2/16/2010
Susan Gendron
Psy 422 – M6:A2
Kip 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
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2. life sentence with potential for parole.
2/16/2010
Susan Gendron
Psy 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
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3. • in several lobes affecting sufficient decision-making ability and cognitive
• deficit.
•
2/16/2010
Susan Gendron
Psy 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
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4. adult.
References
(Smart, 2004), Psychology and Law, “Competency to Waive Constitutional
Rights”, 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).
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