The Night of Almost a Form of Liberation” (P 301)
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Books and Media The defense proceeded with Dr. Louis West, who References testified that Hearst’s state of mind was such that “for 1. Cantor C, Price J: Traumatic entrapment, appeasement, and 3 complex post-traumatic stress disorder: evolutionary perspectives her, it was to be accepted or to be killed.” Dr. Mar- of hostage reactions, domestic abuse and the Stockholm syn- tin Orne lent credence to Hearst’s testimony by de- drome. AustNZJPsychiatr 41:377–84, 2007 scribing her answers as “very different from what I 2. U.S. v. Hearst, 412 F. Supp. 889 (N.D. Cal. 1976) 3 3. Social Science and Coercion as a Defense in Kidnapping Cases would have gotten from somebody simulating,” Patricia Hearst: Kidnap Victim to Criminal? Available at https:// whereas Dr. Robert J. Lifton found that “after phys- courses2.cit.cornell.edu/sociallaw/student_projects/kidnapping. ical and psychological abuse there’s a . tremen- html. Accessed November 20, 2016 dous eagerness to comply in any way possible and necessary...tosurvive.”3 Kimberly Resnick, MD The prosecution characterized Hearst as “ex- Kenneth J. Weiss, MD tremely independent, strong-willed, rebellious, in- Philadelphia, PA telligent,” traits that are in opposition to those ripe for coercion. Prosecution psychiatrist, Dr. Joel Fort, noted Hearst’s dissatisfaction with her pre- vious life, depicting the kidnapping as “perversely, The Night Of almost a form of liberation” (p 301). The second Written by Richard Price and Steven Zaillian. Directed by psychiatrist, Dr. Harry Kozol, supported Dr. Steven Zillian and James Marsh. Appeared on HBO. First Fort’s conclusions, calling Hearst “a rebel in search Episode July 10, 2016. of a cause” (p 302), and opined “this was all in her...without knowing it, for a long time” (p The Night Of is a litmus test of our views on justice. 302). In the end, the jury agreed, and the defense The HBO limited series premiered on July 10, 2016, failed. and ran for eight episodes. The story is relatively Ultimately, Mr. Toobin does not answer the ques- simple, hardly distinguishable from other police pro- tion at the heart of the Hearst saga as to whether she cedurals. The network describes the show as a “ficti- made a voluntary decision to join the SLA. Never- tious murder case in New York City...follow[ing] theless, he recreates for the reader both the shifts in the police investigators and legal proceedings, all while examining the criminal justice system and pur- the public’s mood toward the heiress and the debate 1 between victimization and responsibility. In refer- gatory of Riker’s Island.” Yet the tense pacing, vivid character portrayals, and unresolved questions dis- ence to the trial, Mr. Toobin comments that “the tinguish it from other crime dramas. Its ambiguity battle of experts did have one clear loser: the psychi- allows viewers to create their own narrative, largely atric profession itself” (p 303), supporting his state- filtered through their views on crime and justice. ment with the observation that “leaders in the field In the first episode we meet Pakistani-American reached diametrically opposing conclusions based on protagonist Nasir “Naz” Khan (played by Riz the same evidence—that is, the contents of Patricia’s Ahmed, British actor and rapper). We watch as he head” (p 303). attends calculus class, views basketball games, visits Since the trial of Ms. Hearst, the field of forensic his parents, and helps other students with their studies. psychiatry has come a long way. The presence of He appears quiet, thoughtful, and intelligent. Soon, he conflicting interpretations of the same data does not is arrested for the brutal murder of a young woman he undermine the credibility of the field, but reinforces had met the previous night: The Night Of, that is. its very importance to the judicial process. Because We have no sense of Nasir’s interior monologue the inner workings of the mind of another human are during or surrounding his arrest. He appears doe- so complex, the application of psychiatric principles eyed, frightened, and without recollection of a mur- to legal cases remains challenging. This book, enter- der, despite finding the body upstairs. At this point, taining and enlightening, also serves to emphasize the viewer is confronted with the driving question of the importance of forensic psychiatry and how it is the series: did Nasir Khan do it? both shaped by the time in which it is practiced, and After meeting the victim Andrea (Sofia Black- has the power to shape the narratives that define the D’Elia), a passenger who randomly gets into his fa- time. ther’s borrowed cab, Naz says of himself, “You do 126 The Journal of the American Academy of Psychiatry and the Law Books and Media what everybody wants you to do...tonight is dif- the bone, which causes your hand to slip onto the blade. ferent...itfeels different.” Is it? How different? Be- But it only slips once even though you stabbed her 22 tween the opening scenes and the murder, we watch times. How common would that be?” Harry answers seemingly obedient Nasir take the car to attend a party with a wry smile, “How common would you like it to against his parents’ wishes, drink and ingest drugs, and be?” Pushing aside other potential causes for the cut, play a consensual knife game that results in the wom- they collaboratively rehearse his statement, “This cut an’s hand being stabbed. We later learn of high was the result of his hand slipping from the handle of school fights and amphetamine/dextroamphetamine the knife onto the blade of the knife in the act of sales, but we are left with the question of whether he stabbing her” until the prosecutor is satisfied with his committed the murder and the more fundamental delivery. question of who Nasir Khan really is. Outside of the morgue, evidence points to Na- Questions of morality simmer throughout the sto- sir: witnesses and weapons, blood and scratches. ryline. Is Naz truly good, a victim of circumstance, He has an explanation - the knife game. The police and ultimately the correctional system itself? Or is and prosecution think otherwise. But why might Naz corrupt at his core, a truth exposed over time? we have some lingering belief (is it a hope?) that The show allows each of us to answer. Because the Naz is innocent? In wanting him to be good, we first episode begins the night of, we have little pre- hope that he may be redeemed. In seeing his later ceding narrative of Naz’s story. Our awareness of his transgressions, we hope that they occur as a result life begins near the murder, and so our initial precon- of his time in Rikers and the influence of the other ceptions propel further judgments over the next inmates. Hope is also lurking in the inner life of seven episodes. Abraham Maslow’s well-known say- Detective Box, who continues to pore over evi- ing is often paraphrased as: “If all you have is a ham- dence, thinking Naz does not fit as the killer. The mer, everything looks like a nail” (Ref. 2, p 15). The stone-faced prosecutor, on the other hand, decides detective investigates, the prosecutor prosecutes, and there’s enough to convict him, sufficient to let her the defense attorney, well, he’s doing what he can. sleep at night. The defense features a bottom-feeding denizen of the But maybe we don’t have doubts. Maybe from police station, John Stone (played by John Tur- the very beginning we believe that he is lying about turro), whose job nearly gets usurped by an opportu- nistic celebrity lawyer, Alison Crowe (Glenn Head- not remembering the murder or that he is amnesic ley). She hands off the case to a novice, Chandra to the event due to intoxication but nonetheless Kapoor (Amara Karan), who needs Stone’s wiles and committed the crime. We might do this even given wisdom. an alternative suspect and motive inherent in the Murder aside, we know Nasir commits subse- victim’s stepfather (Paul Sparks) seeking inheri- quent crimes, including a vicious assault while incar- tance. Because we think wrongdoers are just bad cerated. Is this evidence of his superego lacunae or people, and the victim deserves justice. By the time going-along-to-get-along conformity in jail? Is his a of the trial, we ache for a deus ex machina. Could it narrative worthy of mitigation or aggravation? Does be the ketamine found in the defendant? We won’t Naz elicit pity or anger, neither or both? spoil it. As forensic psychiatrists we aim to be objective As viewers, we take sides with or against Naz and in our evaluation of clients, to render opinions wait to see whether the jury will align. The Night Of while being aware of potential prejudice.3 Viewing leaves us with only a mirror held to our biases. Ulti- The Night Of allows us to look at our own biases. mately, this is a reflection of the criminal justice sys- We absorb the show’s information and assign it tem itself, a behemoth of actions and pauses in which value, meaning, and judgment. At times, we see the real truth may never be uncovered. As defense just how biased forensic testimony can be, partic- attorney John Stone tells his client “You’re the jury, ularly in an exchange between the medical exam- run the truth by yourself. Who killed this girl? Some- iner Harry (Frank Wood) and the prosecutor one else or the guy with blood on him, his finger- Helen (Jeannie Berlin, appeared in Cafe´ Society).