Appendix C -1 Sample Psychological Assessment

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

APPENDIX C-1 Sample Psychological Assessment

These sample psychological assessments have been drafted from facts in the case of United States v. Sickles (1859).¹ Sickles first gained national attention when he shot and killed his young wife's lover, Francis Barton Key, the son of Francis Scott Key, the author of "The Star-Spangled Banner." The shooting took place in Lafayette Square, across from the White House. At that time Sickles was a U.S. Congressman. At trial, Sickles was represented by Edwin M. Stanton, who later became President Buchanan's attorney general and then President Lincoln's secretary of war. Sickles successfully used an insanity defense for the first time in U.S. jurisprudence² by offering mental testimony while at the same time pleading the "unwritten law" (self-defense of one's wife as his own property). Sickles was acquitted. He subsequently enraged both critics and fans by publicly forgiving his unfaithful spouse.

During the Civil War Sickles served as a major general and was awarded the Medal of Honor for his services at Gettysburg. After his recovery, he donated his amputated right leg to the Army Medical Museum in Washington (where it continues to be on display at that facility, located at the Walter Reed Army Medical Center). Subsequently, he served as the ambassador to Spain and after that was returned to Congress. He died on May 3, 1914, at his home in New York City. He is now buried in Section 2 of Arlington National Cemetery.

The facts have been updated to modern times.

Synopsis of the Crime for Use with Sample Psychological Assessments

U.S. Representative Daniel Edgar Sickles suspected his young wife, Theresa, of having an affair with Philip Barton Key, the district attorney for the District of Columbia. Sickles allegedly shot and killed Philip Barton Key in Lafayette Square, at the corner of 17th Street and H Street NW in the District of Columbia on February 27, 2008.

On February 26, 2008, Mrs. Bridget Duffy, Congressman Sickles's secretary, received an anonymous letter that stated that Mrs. Sickles was having an affair with Philip Key. As indicated by Duffy's statement, when she gave the letter to Congressman Sickles, he became excited and went home at once, taking Duffy with him to act as some kind of witness. After arriving at the house, Duffy was asked to take down and type up a statement from Mrs. Sickles. The statement was signed by Mrs. Sickles and was a full admission of the affair.

George Wooldridge, a staff member for Congressman...