Listening to Killers lessons learned from my twenty years as a psychological expert witness in murder cases James Garbarino university of california press Listening to Killers Listening to Killers lessons learned from my twenty years as a psychological expert witness in murder cases James Garbarino university of california press University of California Press, one of the most distinguished university presses in the United States, enriches lives around the world by advancing scholarship in the humanities, social sciences, and natural sciences. Its activities are supported by the UC Press Foundation and by philanthropic contributions from individuals and institutions. For more information, visit www.ucpress.edu. University of California Press Oakland, California © 2015 by Th e Regents of the University of California Library of Congress Cataloging-in-Publication Data Garbarino, James, author. Listening to killers : lessons learned from my twenty years as a psychological expert witness in murder cases / James Garbarino. p. cm. Includes bibliographical references and index. isbn 978-0-520-28286-5 (cloth : alk. paper) isbn 978-0-520-28287-2 (pbk. : alk. paper) isbn 978-0-520-95874-6 (ebook) 1. Murderers—United States—Psychology. 2. Murder—United States— Psychological aspects. 3. Trials (Murder)—United States. 4. Evidence, Expert—United States. I. Title. hv6529.G37 2015 3 310’651—.249d2 c3 2014032693 24 23 22 21 20 19 18 17 16 15 10 9 8 7 6 5 4 3 2 1 In keeping with a commitment to support environmentally responsible and sustainable printing practices, UC Press has printed this book on Natures Natural, a fi ber that contains 30% post-consumer waste and meets the minimum requirements of ansi/niso z39.48-1992 (r 1997) (Permanence of Paper). Cover photo: Mark Wragg/istockphoto. To the public defenders and mitigation specialists who seek to understand, protect, and, if possible, care for America’s killers. And to the victims, who bear the brunt of America’s failures to protect and nurture children and youth at risk in their homes and their communities. contents Acknowledgments ix Introduction: Becoming an Expert Witness 1 part i getting close to killers 1 • Th e Concept of Choice in the Criminal Justice System 19 2 • Keeping Killers inside Our Circle of Caring 45 3 • Moral Damage: Growing Up with a War Zone Mentality 82 4 • Emotional Damage: Th e Consequences of Unresolved Trauma 105 part ii the american way of killing 5 • “If You’re Old Enough to Do the Crime, You’re Old Enough to Do the Time” 147 6 • Tales of Rehabilitation, Transformation, and Redemption 178 7 • Guns Don’t Kill People—People with Guns Kill People 202 8 • Making Sense of the Senseless: Understanding and Preventing Killing in America 226 Appendix: Zagar’s Model 261 References 263 Index 279