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74 N.C. L. Rev. 731 (1995-1996)
Novel Theories of Criminal Defense Based upon the Toxicity of the Social Environment: Urban Psychosis, Television Intoxication, and Black Rage

handle is hein.journals/nclr74 and id is 747 raw text is: NOVEL THEORIES OF CRIMINAL DEFENSE BASED UPON THE TOXICITY OF THE SOCIAL ENVIRONMENT: URBAN PSYCHOSIS, TELEVISION INTOXICATION, AND BLACK RAGE PATRICIA J. FALK* Criminal defendants increasingly claim that their criminal behavior was caused by social toxins that excuse or mitigate their guilt. In this Article, Professor Falk demonstrates that these claims are not aberrational doctrinal proposals, but rather are sophisticated extensions of existing criminal doctrine commensurate with scientific advancements. Unlike prevalent short-term causal explanations for criminal behavior, these novel extensions serve to elucidate long-term, diffuse effects of social toxins on the human psyche. In so doing, they provide otherwise unavailable insight into criminal behavior. Professor Falk urges the legal community to meaningfully consider these valuable new windows into the criminal mind, rather than fall prey to the common pitfall of reflexive abuse excuse rhetoric. INTRODUCTION ....................................... 733 I. THE CASES: URBAN PSYCHOSIS, TELEVISION INTOXICATION, AND BLACK RAGE AS THEORIES OF CRIMINAL DEFENSE ................................ 738 A. Urban Psychosis ............................. 738 1. Urban Psychosis .......................... 738 2. Urban Survival Syndrome ................... 740 B. Television Intoxication ......................... 742 1. Television Violence ........................ 742 2. Violent Pornography ....................... 746 * Assistant Professor of Law, Cleveland-Marshall College of Law, Cleveland State University. J.D., 1983, University of Nebraska-Lincoln; Ph.D. (psychology), 1988, University of Nebraska-Lincoln. I wish to acknowledge with gratitude the financial support of the Cleveland-Marshall Fund. I am also grateful to my colleagues Phyllis L. Crocker, Jack A. Guttenberg, Gregory Mark, Lloyd B. Synder, and Victor L. Streib for their thoughtful comments on earlier drafts of this Article. Finally, I wish to thank my two research assistants, Lisa P. Kirby and Kenneth C. Robling, for their tireless efforts.

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