The purpose of this paper is to argue, using past literature, that psychopaths do not fully grasp acts as morally wrong and as a result psychopathy should be a mitigating factor in the judicial system. Psychopaths almost always have negative associations with their behaviors and mental states. Why? Psychopaths are known to become criminally violent and have a lack of remorse; a concept which frightens the majority of people. Furthermore, society only rarely sees or hears about psychopaths unless it is through an overdramatized pop culture lens (e.g. The Shinning, Jack Torrance) or a serial killer like Jeffery Dahmer, which is highly unlikely and only accounts for approximately 1% of psychopaths. Zinger and Forth (1998) found that …show more content…
425). Although psychopathy is understood as a mental illness, psychopaths are still judged harshly and approximately 25% of them are incarcerated (Morse, 2008). Forensic psychologist and the judicial system have debated the laws surrounding psychopaths, such that if they should be able to plea insanity or get diminished/partial sentences based on criminal culpability. Cordelia Fine and Jeanette Kennett (2004) argue that since psychopaths have a deficit in fear, empathy, and emotional decision making they cannot understand what is and is not morally wrong and thus cannot be criminally responsible for their actions. Criminal culpability and the Law Criminal culpability can be defined as the person who committed an unlawful act demonstrates a presence of rationality or if there is an absence of coercion (Morse, 2008). The American Law Institute’s Model Penal Code (MPC) states that even if a person knows an act is wrong they may still be insane, however, statues following the MPC have exempted insanity pleas based on “an abnormality manifested only by repeated criminal or otherwise anti-social conduct” (as cited in Paul Litton, 2010, p. …show more content…
This assessment is most commonly and widely used, but some psychologists and other professionals have questioned it. The PCL-R can measure a psychopath’s antisocial nature but does not measure a moral reasoning (Litton 2010). Furthermore, Katrina Sifferd and William Hirstein (2012) state that the PCL-R does not detect executive functioning adequately and cannot identify the varying profiles of psychopaths. Within this statement there should be two things defined: executive function and varying profiles. Executive function is the brain’s ability to follow and act on information and usually deals with self-control. Additionally, the varying profiles of psychopathy that Sifferd and Hirstein are referring to are the successful psychopath and the unsuccessful psychopath. Plainly stated, successful psychopaths do not have a criminal record and unsuccessful psychopaths do. Extensively, successful psychopaths have the ability to assess and correct their problems through a sufficient executive function, whereas unsuccessful psychopaths do not (Sifferd $ Hirstein, 2012). Moreover, “unsuccessful psychopaths have reduced prefrontal and amygdala volumes and hippocampal abnormalities, resulting in reduced executive functioning, including impaired decision-making” (Sifferd $ Hirstein, 2012, p. 134). With the technological advancements in society, neuroimaging
Expert witnesses from the case of Kjeldsen (1981) state that even though psychopaths are not able to experience remorse or guilt for their victims, they have the mental abilities to appreciate the nature and quality of the actions (Verdun-Jones, Criminal Law in Canada, 2015, p. 209). That is, in other words, psychopaths are to have capabilities to understand as well as foresee the physical consequences of their actions, despite not being able to understand the psychological damage created towards their victims (Verdun-Jones, Criminal Law in Canada, 2015, p.
Due to its primary role in processing memory and emotional reactions, over the last decade and a half psychologists have been linking the amygdala to psychopathy. It is involved in aversive conditioning and instrumental learning and is thus involved in all the processes that, when impaired, produce the same functional impairments displayed by psychopaths. Two famous studies conducted by Tiihonen and Kiehl respectively have confirmed this. Tiihonen used a volumetric MRI to test and confirm the positive correlation between low amygdaloid volume and a high degree of psychopathy in violent criminals (measured by the Hare checklist-revised) while Kiehl used a functional MRI to prove reduced amygdala response during an emotional memory task in individuals who scored high on the Hare checklist-revised. However, both these studies along with numerous others were conducted using violent offenders as subjects rather than individuals with psychopathy. Although many psychopaths do exhibit violent tendencies, not all violent offenders are necessarily psychopaths. A study conducted by Raine is one of the few that did focus only on individuals exhibiting psychopathy. In his study Raine was able to show reduced prefrontal grey matter in his test subjects. Unfortunately though, he was unable to differentiate between grey matter in different regions of the prefrontal cortex. It is however clear that there is one region of the frontal cortex that could be
A significant and controversial issue within the legal system is the ‘insanity defense’ in which during a criminal trial, the defendant will make a claim that they are not guilty by reason of insanity, or in other words, they have deficient and impaired cognitive and mental capabilities. These mental health problems associated with insanity are caused by psychopathological disorders, which may have led to their dysfunction. What separates this from a regular plead of ‘diminished capacity’ is that a plea of insanity is a full defense rather than just a partial defense (Legal information institute, n.d.). With the diminished capacity defense, the defendant’s mental competence is still the focus, although they are pleading to a lesser crime
Psychopathy, in both the mental health and criminal justice systems, has emerged as one of the most important clinical constructs of the 21st century (Hare, Clark, Grann, & Thornton, 2000, p. 623). Where clinically, psychopathy is traditionally described as a combination of inferred socially deviant behaviors and personality traits. Some traits and behaviors a psychopath is seen to possess are commonly known, for example, to being impulsive, selfish, aggressive, lacking remorse, shame, feeling for others, pathologically lying, and having asocial or antisocial behaviors (Hare, & Neumann, 2006, p. 59-60). One of the reasons as to why psychopathy has come to see an increase in the development of its theoretical and applied interest is the
However, more recently, a study led by King’s College London has claimed that there are differences between the brains of psychopaths and other criminal offenders diagnosed with antisocial personality disorder. Dr. Nigel Blackwood who led the research is quoted as saying “We describe those without psychopathy as 'hot-headed' and those with psychopathy as ‘cold-hearted’.” This statement shows a clear distinction between what should be interpreted as a lack of self-control and ability to repress impulses and what should be diagnosed as psychopathy. The study took MRI scans of 66 men, two thirds of which were offenders who had been diagnosed with antisocial personality whilst the other third were non-offenders considered to not have any personality disorders. Of the 44 offenders, 17 met the diagnosis criteria for psychopathy (ASPD+P) assessed by the guidelines stated in the DSM-IV. Researchers saw that the members of the study diagnosed as psychopaths had notably less grey matter in areas associated with moral behaviour and understanding other peoples’
An additional aspect connected with psychopathy is the incomplete repressed capability to make the dissimilarity among ethical and conventional offenses. An ethical offense could be explained as one that is distinct due to its punishments relevant to the privileges and welfare of individuals. A conventional offense could be explained by its punishments relevant for the good of the social order. In the instance of those with psychopathy, individuals make a reduced amount of association to the victims that were part of the situation, and additionally appear to have a time that is more complex trying distinguishing between ethical and conventional offenses mentioned during the situation. ("Psychopathy: A Misunderstood Personality Disorder", 2011). Therefore, if there is nothing eliminating the action or offense, adults as well as children with psychopathy, will most likely illustrate a diminished capacity to differentiate between the two types of offenses.
Psychopaths pose a challenge for theorists as to their debatable degree of moral and legal responsibility for their actions, as the capacities needed to assign such attributions to an individual may not be present. As psychopaths are able to see the world as it is with no delusions of a false reality they are able to practically apply reason in an effort to pursue their own goals. However, they seem unable to maintain control of their behaviours when placed in a moral situation when their goals are in congruence with the morally negligent path. This is due to their lack of empathy and an inability to see purpose in treating others in a morally acceptable
Unfortunately, changing the biological composition of their brain is not as easily achieved. Studies have found multiple areas of interest when studying the brain structures in psychopaths. These minor differences provide a world of knowledge into what composes a psychopath. Since each area of the brain serves a specific function, determining the effects of abnormalities correlates to the area of interest. Due to the major costs associated with many tests, they are not performed unless indicated. Brain imaging research on psychopathy: Implications for punishment, prediction, and treatment in youth and adults provides us with the very new research that has been conducted on both adult psychopaths, and juveniles that display callous unemotional traits (CU) and have disruptive behavior disorder (DBD) (Umbach et al., 2015). Research done has not given conclusive results that fits for each and every psychopath, but an area of commonality is the amygdala. “In addition to their finding of significant bilateral volume reductions in psychopaths, Yang et al. (2009) identified localized surface deformations in four of the 13 nuclei: the basolateral, lateral, cortical, and central nuclei.” (Umbach et al., 2015, p.296). The paralimbic structure is seen as the emotion processing center of the brain, controlling all emotions including empathy and conditioned fear
Psychopathy; a term used to describe an individual with the ability to differentiate between right and wrong and acknowledge the rules of society, but are impervious to the moral foundation of these rules. Unlike other mental disorders such as sociopathy and schizophrenia, psychopathic individuals are able to understand actions that violate the law or go against social norms (Glenn 1). Although, they may be able to accurately judge moral and/or legal violations, one major factor that they lack is – emotional capacity. It is estimated that about 1% of the general population is made up of psychopaths, which is a considerable risk when it comes to crimes (Parry n.p). Therefore, the way in which the law responses to psychopathic individuals is an important moral and empirical issue. With that being said, should psychopaths be held criminally responsible for their behavior? Due to psychopathic individuals failure to meet criteria necessary for moral responsibility, such as the lack of understanding of the human race, predetermined biological structures of the brain and the fact that psychopathy is
Sixteen psychopaths and sixteen nonpsychopaths were identified and chosen to participate in the study based on demographic, cognitive and substance abuse variables. The researchers went through this to assure that the two samples were very similar in these three categories of variables. The samples were shown three different picture sets each of 25 pictures: moral (immoral actions in an unpleasant setting), nonmoral (nonmoral actions in an unpleasant setting) and neutral (nonmoral actions in a neutral setting). The participants were asked to rate the pictures on a 1-5 scale with 5 being the highest on extent on moral violation. They were told that this was based on their own moral beliefs and not what society would think. Functional magnetic resonance imaging was done during the trials to show the brain activity of the participants. This was done to determine whether there was increased activity with higher or lower ratings. In moral decision making, psychopaths were shown to have less to no activity in the anterior temporal and ventromedial cortex when compared to the increased activity with nonpsychopaths during moral tasks. But they still ranked them properly, but without the activation. The reduced activity in ventromedial prefrontal cortex shows reduced moral decision making
Of all the psychiatric disorders, none are more chilling to the world then the psychopaths and sociopaths. These two disorders, categorized as antisocial personality disorders, bring about the absolute worse people and killers that the world has ever known. The infamous serial killers, the people who do the unimaginable, were all psychopaths. The ability of these people to do what they do and know that what they are doing is wrong, is perhaps one of the most chilling and shocking characteristic of these people. Psychopaths and sociopaths are very often thought by most to be the same disorder, yet they are different when classified by many psychiatric researchers. The people classified as psychopaths and sociopaths are separated by one main difference, and that is if they were born with a lack of the ability to empathize or if they were affected as children in a traumatic environment. Although both of these horrible disorders derive from a different area, the reality is that they are unpredictable, undetectable and most importantly, they can be very dangerous.
The concept of psychopathy originated in the 1800s to describe individuals that consistently failed to conform to societal norms and exhibited antisocial behavior that did not fit the concept of mental illness of the time period. While, psychopathy was a common term used to describe individuals suffering from this disorder other descriptions were coined such as “Pinel’s term “manie sans delvie” meaning mania without delirium in the 1700s, to describe patents whose ‘affective faculties were disordered’” or Pritchard’s term “moral insanity” (Ogloff 520). In the 1930’s Partridge argued that psychopathy was a social rather than a mental disorder and proposed that the concept of sociopathy be introduced as a more accurate description. The American Psychological Association adopted Partridge’s term for their Diagnostic and Statistical Manuel in 1952. However, in 1968 the American Psychological Association changed the diagnostic label from sociopath to “personality disorder, antisocial” for the Diagnostic and Statistical Manuel – II that continued through to the DSM - III in 1980 and the DSM - III-R in 1987 and the DSM - IV in 1994. Today the Diagnostic and Statistical Manuel categorizes antisocial personality disorder as a personality disorder and it is named as such. Unfortunately, not much research has been conducted
The medical definition of insanity differs completely from the legal aspect. The medical definition of insanity is, as The Free Dictionary defines “a medically obsolete term for mental derangement or disorder.” There is no mention of criminal activity or lack of responsibility
When most people hear the word psychopath their mind forms a picture of a wild-eyed, rambling, lunatic who is often restrained in a straitjacket. The media has helped this belief along the way with slasher horror films and grisly CSI episodes depict these strange humans. However, the average psychopath is much harder to spot than most people believe. In fact, most of them are extremely difficult to distinguish from ordinary humans. They outwardly appear normal and many do not find it difficult to blend into common society. They can interact with others, hold successful jobs, and effectively keep themselves out of trouble. Most are not the sadistic killers many people think they are. Psychopaths are people born with problems (Bartol 105) or
Psychopaths can seem just like you or me, but when you are not around them this is when their mental disorder kicks in. Psychopaths that have been put in jail committed three times as many crimes per year then non-psychopaths. 97% of convicted psychopathic criminals cause at least one violent crime compared to 74% of non-psychopaths. Psychopaths are shown to be more violence throughout their entire life compared to a regular people. Psychopaths tend to have a greater chance of failing on parole and mandatory supervision and have a faster rate of failing then non-psychopaths. Psychopathy predicts recidivism on conditional release as well as or better than do actuarial risk instruments. Psychopaths recidivate at a rate of three to four times higher than that of non-psychopaths.