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Excited Delirium—the Diagnosis That Doesn’t Exist
Loaded on May 15, 2022
by Brooke Kaufman
published in Criminal Legal News
June, 2022, page 16
Filed under:
Police Misconduct,
Police--Excessive Force,
Mental Health.
Location:
United States of America.
How a racialized, gendered theory became the go-to defense for police officers who kill people in custody
by Brooke Kaufman
The term “excited delirium,” or agitated delirium, first entered legal discourse in the 1980s. Dr. Charles Wetli and Dr. David Fishbain used the theory to explain the …
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More from this issue:
- A House Built on Discriminatory Sand, by Anthony Accurso
- Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors, by J.D. Schmidt
- New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case, by Casey Bastian
- Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief, by Dale Chappell
- Excited Delirium—the Diagnosis That Doesn’t Exist, by Brooke Kaufman
- New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool, by Douglas Ankney
- Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government, by Mara Hvistendahl, Sam Biddle
- California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory, by Douglas Ankney
- Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial, by David Reutter
- West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer, by Douglas Ankney
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, by Douglas Ankney
- Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution, by Douglas Ankney
- New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home, by Anthony Accurso
- Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief, by Dale Chappell
- Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law, by Dale Chappell
- Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston, by Matthew Clarke
- SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction, by Richard Resch
- Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity, by Douglas Ankney
- Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition, by Dale Chappell
- Martinsville Seven Pardoned 70 Years After Execution, by Anthony Accurso
- SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied, by Dale Chappell
- Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search, by Douglas Ankney
- ABA Says Oregon Needs 1,296 More Public Defenders, by Mark Wilson
- New Yorkers With Criminal Record Struggle for Approval to Rent Homes, by Ashleigh Dye
- Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7), by Douglas Ankney
- Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, by Harold Hempstead
- California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, by Douglas Ankney
- When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever, by Julie Levitch
- First Study of Police De-Escalation Training Shows Impressive Results, by Douglas Ankney
- Costs of Untested Rape Kits, by Jayson Hawkins
- News in Brief
More from Brooke Kaufman:
- Texas Police Refuse to Release Bodycam Footage From the Uvalde School Shooting, Claiming It Could Expose Law Enforcement ‘Weakness’, June 16, 2022
- FOIA Request Reveals Cincinnati Cop Had Sex While On-Duty With Sex Workers He Searched in Police Database, June 12, 2022
- DOJ Secures Settlement With South Carolina Department of Juvenile Justice at Detention Center Where Staff Hogtied and Bit Kids, June 1, 2022
- “On-Going Distress and Harm” Persist at FCI Sheridan Months After Court-Ordered Inspection, June 1, 2022
- Be “Good Bitches”: New Mexico Prisoners Sue Over Sexually Degrading Abuse, May 16, 2022
- Spring COVID-19 Outbreak Sickens Hundreds at Washington State Prisons, May 16, 2022
- Excited Delirium—the Diagnosis That Doesn’t Exist, May 15, 2022
- Florida Sheriff’s Version of Fiscal Responsibility— ‘We Prefer’ Homeowners Shoot Burglars to ‘Save Taxpayer Money’, May 1, 2022
- Bribery and Drug Charges Results in 8 Year Sentence for Former Corrupt NYPD Officer, May 1, 2022
- Dozens of Convictions Related to Corrupt Convicted Former Chicago Cop Vacated, May 1, 2022
More from these topics:
- Fatal LAPD Arrests Show Systemic Failure in Handling Mental Health Crises, Oct. 1, 2026. Shootings, Restraints, Police--Excessive Force, Mental Health, Staff Training.
- Mental Health Diversion from New York State Jails Varies Widely by County, Sept. 1, 2026. Criminal justice system reform, Alternative Sentencing, Mental Health, State Legislation.
- $13 Million Awarded to Exonerated Illinois Prisoner Tortured to Confess by Corrupt Cops, Aug. 1, 2026. Police Misconduct, Wrongful Conviction, Certificate of Innocence, False Imprisonment, Confessions - Coerced.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- San Diego Guard Who Fatally Shot Fleeing Detainee Sentenced to 12 Years in Prison, July 1, 2026. Police Misconduct, Shootings, Excessive Force (Wrongful Death), Excessive Force (Police), Wrongful Use of Force.
- Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
- Jury Awards Over $24.4 Million to Kentucky Prisoner Exonerated After 22 Years, Bringing Total Payout for Him and Co-Defendant to Almost $45 Million, June 1, 2026. Police Misconduct, Wrongful Conviction, Monell Liability, Fabrication of Evidence, Failure to Disclose.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- The Recycled Police Officer: Research Reveals High Cost of Ignoring Prior Misconduct, May 1, 2026. Harassment by Police, Police Misconduct, Statistics/Trends, Excessive Force (Police), Police/Govt Misconduct.
