Publications

Dr. Fabian's most recent writings:

Dr. Fabian’s recent chapter entitled “Forensic Neuropsychology and Violence: Neuroscientific and Legal Implications" in the Wiley & Blackwell Handbook of Forensic Neuroscience, explores a number of neuropsychiatric disorders as well as neuropsychological and neuroimaging correlates to violence within a legal framework.

Another recent chapter of Dr. Fabians, “Malingering” in the ABA book, Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers, covers malingering in criminal forensic psychological and neuropsychological contexts.

Forensic Neuropsychology & Neuroscience

  • Forensic Neuropsychological and Neurological Evaluation of Violence: Scientific and Legal Perspectives
    In The Litigator’s Handbook of Forensic Medicine, Psychiatry, and Psychology. Ed. Demosthenes Lorandos. West Group, 2019
  • Forensic Neuropsychology and Violence: Neuroscientific and Legal Implications
    In Handbook of Forensic Neuroscience . Eds., Anthony Beech, Adam J Carter, Ruth Mann and Pia Rotshtein. Oxford, England: Wiley Blackwell, 2018
  • Neuropsychological and Neurological Correlates in Violent and Homicidal Offenders: A Legal and Neuroscience Perspective
    Aggression and Violent Behavior, Volume 15, Issue 3, May–June 2010, Pages 209–223
  • Neuroscience, volitional impairment and sexually violent predators: A review of the literature and its application to civil commitment proceedings
    Journal of Aggression and Violent Behavior (17), 1-15.

Capital Litigation/Death Penalty

  • Mitigating Sexual Homicide in Capital Murder Case.
    Cornerstone
  • Mitigating Murder at Capital Sentencing: An Empirical and Practical Psycho-legal Strategy
    Journal of Forensic Psychology Practice, 9:1–34, 2009
  • Methamphetamine Motivated Murder: Forensic Psychological/Psychiatric Assessment in Capital Litigation
    Journal of Psychiatry & Law 35, Winter 2007
  • State Supreme Court Responses to Atkins v. Virginia: Adaptive Functioning Assessment in Light of Purposeful Planning, Premeditation, and the Behavioral Context of the Homicide
    Journal of Forensic Psychology Practice, Volume 6, No. 4, 2006
  • Death Penalty Mitigation And The Role Of The Forensic Psychologist
    27 Law and Psychology Review 55, Spring, 2003
  • Life, Death, and IQ: It’s much more than just a score. Understanding and utilizing forensic psychological and neuropsychological evaluations in Atkins intellectual disability/mental retardation cases.
    Cleveland State Law Review, 59(3), 2011

Forensic Psychological & Neuropsychological Assessment

  • Malingering in Criminal Forensic Psychological and Neuropsychological Contexts
    In Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers. Ed. Elizabeth Kelley, 2018
  • Forensic Neuropsychological Assessment and Death Penalty Litigation
    The Champion, April, 2009
  • Rethinking “Rational” in The Dusky Standard: Assessing a High Profile Delusional Killer’s Functional Abilities in the Courtroom in the Context of a Capital Murder Trial
    Quinnipiac Law Review, Volume 25 (2) 2006

Juvenile

  • Applying Roper v. Simmons in Juvenile Transfer and Waiver Proceedings: A Legal and Neuroscientific Inquiry
    International Journal of Offender Therapy and Comparative Criminology, June, 2010
  • Considering Roper vs. Simmons in Waiver/Bind over
    Cuyahoga County Bar Association, March, 2007

Sexual Offender

  • Assessing the Sex Offender With Asperger’s Disorder: A Forensic Psychological and Neuropsychological Perspective
    Sex Offender Law Report, August/September 2011
  • The Adam Walsh Child Protection and Safety Act: Legal and psychological aspects of the new civil commitment law for federal sex offenders.
    Cleveland State Law Review, 59(3), 2011
  • Sex Crimes: How to Utilize Forensic Psychological Evaluations Within Internet Online Solicitation and Pornography Sex Crime Cases
    Voice for the Defense, June 2007
  • Current Standards and Practices in Violence Risk Assessment and Communication at a Maximum Security Forensic Hospital Following a High Profile Sexual Homicide
    Elseviers, Agression and Violent Behavior, Volume 13, No. 5, October, 2008
  • Megan’s Law and Sexual Violence Risk Assessment
    Cuyahoga County Bar Association, Volume 83, Issue 1 January, 2007
  • Getting Tough on Sex Offenders: The Adam Walsh Act & Ohio SB 10
    John Matthew Fabian, PSY.D., J.D. and Ian Friedman, Esq. 2006
  • A Literature Review of the Utility of Selected Violence and Sexual Violence Risk Assessment Instruments
    Journal of Psychiatry and Law, 34 Fall/2006
  • The Risky Business of Conducting Risk Assessments For Those Already Civilly Committed As Sexually Violent Predators
    William Mitchell School of Law, Volume 32, No. 1, 2005
  • Examining Our Approaches to Sex Offenders & the Law: Kansas v. Hendricks, Crane and Beyond: “Mental Abnormality,” and “Sexual Dangerousness,”: Volitional vs. Emotional Abnormality and the Debate Between Community Safety and Civil Liberties
    William Mitchell School of Law-Law Review, Volume 29, No. 4, 2003

Civil Law

  • The Law & Psychology in Workers’ Compensation Claims