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CPA Briefings
The California Psychological Association

Clinical Theory, Research, and Practice: II
II. The Study of Evil and Depravity:
An Interview with Michael Welner, M.D.

by Megan Sullaway, Ph.D.

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MS: What kind of patients do you work with, or, if this is too broad a question, what kind of patients most interest you?

MW: As far as my treatment practice: those who want to get well, and those I feel I can help, given the skills that I can best apply in my patient care.

As far as forensic cases, I apply the same philosophy. My approach is very investigative, intensively hand-on, but very clinically rooted. I'm a behavioral scientist first and second, and investigator third. Sure, I have picked up a lot of law along the way, but I prefer to the leave the law to the lawyers. I always advise students that it's hard enough just to keep up with psychiatry.

At this stage in my career, I prefer to get involved in cases in which there are unanswered questions that leave me feeling that if I don't probe and uncover, no one else will. I really love the intellectual-investigative interface, particularly when it involves multiple disciplines, like pathology, toxicology, and criminalistics, and general medicine. Basically, the cutting edge. And so, not surprisingly, I find myself retained in death penalty cases, involuntary intoxication questions, disputed confessions, retardation issues, ADA, hate crimes, terrorism, and interesting civil competency matters.

In a way, that parallels my enthusiasm for the Depravity Scale effort. The potential for controversy, confronting closed-minded colleagues, and even the terrible despair from exposure inherent in defining evil in the courts provide a real obstacle - so I have come to appreciate it as worth the challenge of trying to do right - with help from colleagues.

Given the emotional pressures of operating in the adversarial system, I need to feel that I am assisting the side, in criminal or civil matters, that is right. In fact, I try to warn attorneys even before I get involved in a case that if they don't believe in scientific merit of their case, they should hire someone else. If, for example, someone has a legitimate mental health issue, I find fleshing that vulnerability out to be quite a meaningful responsibility, as a defense witness. But I want no part of someone whose mental and psychological issues are legally irrelevant, even if they are medically real. And I have no qualms about working for the prosecution - if the psychological evidence does not pass muster.

MS: Have you ever interviewed or examined a prisoner who genuinely frightened you? If so, what was it about that person that was particularly frightening?

MW: I have. A few. What one quickly learns is that most prisoners are not fearsome - they are merely people who made pathetic choices. They, like any other people, viscerally connect with your sincerity towards them, and respond to you if you are not judgmental and professional. Even the psychopaths, even the violent.

I remember treating one unassuming but paranoid and antisocial prisoner whom I sensed, on that one day, was poised to attack me, and I was alone in a large interview room. I felt incredibly relieved to have ended the interview and to have spirited him back to a more safe environment before he could act. I felt even more of a sense of sobriety when I learned that he sexually assaulted a student only three weeks later, the same student I had warned about her attire around the inmates.
And then, there are the paranoid and violent inmates I have, as a corrections psychiatrist, confronted about forcing them to take medicines.

In my experience, the greatest risks come from those prisoners who carry out instrumental aggression, that a doctor engages in a personal way. If you don't make it personal, they won't take it personal. And I learned that in working the ER, from drug seeking patients - long before I got into forensics.

Certain psychotic prisoners can be more scary if they are hallucinating and you are in the line of fire. In a treatment and assessment setting, in my experience, delusions won't get you whacked unless you have developed a deep relationship with the patient, which is more a predicament for the outpatient setting -- where transference evolves into a forty headed hydra, even when the patient is not psychotic.

MS: How did you become interested in forensic psychiatry?

MW: Serendipity. During my psychiatry residency at Beth Israel, I had just wanted to take care of patients in the outpatient setting. But in a lecture one day, I watched a videotaped interview of a defendant claiming insanity. The ensuing class discussion about his criminal responsibility left me so intellectually juiced up that I quickly concluded that I needed to be doing this every day. I haven't been disappointed; in fact, I think I am genetically and temperamentally suited to be doing this work. So, I stumbled into my calling. That's especially surprising when you consider that in my free time, I will not watch a gory movie, and will not read mystery thrillers, etc.

But the mental calisthenics of thinking through problems on the various psychiatry/ psychology/ law/ investigative levels is very satisfying. I am surprised and grateful that I actually get paid to do it.

MS: Do you think there is an emotional "price" to be paid for doing this kind of work? Do you think a forensic psychiatrist or psychologist should have particular characteristics or skill sets to excel at this work?

MW: You bet there is an emotional price. This is very, very hard work. In any discipline, and that includes as a clinical psychiatrist/psychologist, or a therapist, you can get away with suboptimal work. In medicine, you learn it takes a lot to kill someone, believe it or not. And often, no one will ever know. The patient on the operating table doesn't see who sweats in the operative field.
In forensics, if you do substandard work, someone is watching at all times. Accountability is the process itself. It attaches an enormous burden, not only for competence, but for intellectual and professional rigor. That said, the most important skills for a psychiatrist or psychologist is to be a strong psychiatrist or psychologist.

If you are competitive, you respond to this. But in any athletic endeavor, one's competitive drive is always challenged after awhile. When you lose the will to stay up all night to dig through medical records for the second time looking for a clue you know is there, with no compensation, it's time to do something else.

The stories, too, are so dreary. One must guard against yielding to the forces of despair and cynicism.

r, for identifying with the stories that we immerse ourselves in, that can eclipse our appropriate sense of Ozzie and Harriet normality. It's easy to distance television and movies as fantasy, but when one is forced to rationally untangle death and destruction, time after time, it numbs the senses like a traumatic event. What a danger to risk trivializing the evil that we, as professionals, are mandated to do anything but ignore.



Reprinted from:

CPA Briefings
The California Psychological Association


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