scholarly journals Are Psychopaths Legally Insane?

2018 ◽  
Vol 14 (1) ◽  
pp. 79-96 ◽  
Author(s):  
Anneli Jefferson ◽  
Katrina Sifferd

The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the insanity defense is applicable; it must also be shown that, as a result of the illness, specific deficits in moral understanding or control are present. In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that while some psychopaths do show significant impairments in affect and control which may impact on their responsibility, many psychopaths are not incapacitated in a way relevant to responsibility.

2008 ◽  
Vol 42 (12) ◽  
pp. 1041-1050 ◽  
Author(s):  
Eliza Fraser ◽  
Kenneth I. Pakenham

Objective: The purpose of the present study was to evaluate the effectiveness of a group psychosocial intervention for children (aged 12–18) of a parent with mental illness (copmi). Method: A treatment and waitlist-control design study with pre- and post-treatment, and 8 week follow up, was carried out. The treatment (n = 27) and control (n=17) groups were compared on three groups of dependent variables: intervention targets (mental health literacy, connectedness, coping strategies), adjustment (depression, life satisfaction, prosocial behaviour, emotional/behavioural difficulties), and caregiving experiences. Results: Group comparisons failed to show statistically significant intervention effects, but reliable clinical change analyses suggested that compared to the control group, more intervention participants had clinically significant improvements in mental health literacy, depression, and life satisfaction. These treatment gains were maintained 8 weeks after treatment. Participant satisfaction data supported these treatment gains. Conclusions: Given study limitations and the modest support for intervention effectiveness it is important that this and other similar interventions should continue to be revised and undergo rigorous evaluation.


Science ◽  
1992 ◽  
Vol 256 (5055) ◽  
pp. 292-293
Author(s):  
Melvin Sabshin ◽  
Harold Alan Pincus ◽  
Wendy Davis

Science ◽  
1992 ◽  
Vol 256 (5055) ◽  
pp. 292-292
Author(s):  
W. T. Carpenter ◽  
J. R. Rappeport

Author(s):  
Katya Frischer

Chapter 25 relates to what is probably the most recognized, but perhaps the most rare, evaluation performed by a forensic professional. The pursuit of an insanity defense today is challenging and, in some states, not even permissible. These cases illustrate the evolution of the various state standards for establishing insanity (and therefore acquittal) for criminal defendants with mental illness. The following cases are included in this chapter: M’Naghten’s Case, Durham v. U.S., Washington v. U.S., Frendak v. U.S., Jones v. U.S., U.S. v. Torniero, Foucha v. Louisiana and Clark v. Arizona.


2019 ◽  
Vol 33 (6) ◽  
pp. 948-965
Author(s):  
Megan Woods ◽  
Rob Macklin ◽  
Sarah Dawkins ◽  
Angela Martin

Workplace conditions and experiences powerfully influence mental health and individuals experiencing mental illness, including the extent to which people experiencing mental ill-health are ‘disabled’ by their work environments. This article explains how examination of the social suffering experienced in workplaces by people with mental illness could enhance understanding of the inter-relationships between mental health and workplace conditions, including experiences and characteristics of the overarching labour process. It examines how workplace perceptions and narratives around mental illness act as discursive resources to influence the social realities of people with mental ill-health. It applies Labour Process Theory to highlight how such discursive resources could be used by workers and employers to influence the power, agency and control in workplace environments and the labour process, and the implications such attempts might have for social suffering. It concludes with an agenda for future research exploring these issues.


2019 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Robyn Mooney

Purpose In Canada, if it can be proven that a defendant was suffering from a mental disorder at the time they committed an offense, they can be found Not Criminally Responsible on Account of Mental Disorder (NCRMD). These cases are often decided by jury. The purpose of this paper is to examine the influence of the dark triad (DT), social dominance orientation (SDO) and belief in a just world (BJW) on undergraduate students’ attitudes toward the NCRMD defense. Design/methodology/approach A total of 421 undergraduate students completed questionnaires measuring SDO and the DT. After being primed for high, low or neutral BJW, they indicated their attitudes toward NCRMD. Findings The BJW manipulation had no effect on attitudes. High-SDO/DT participants held less favorable attitudes toward NCRMD than participants who scored low on these variables, F(1, 420)=20.65, p<0.01, η p 2 = 0.05 . Psychology and criminology students had significantly more favorable attitudes toward NCRMD than business students. Practical implications This study can be helpful in improving jury impartiality in trials involving mental illness and criminal responsibility; assessment of SDO and the DT; awareness of career roles relating to insanity defense bias; and improving the voir dire process. Originality/value The results of this study may be used to improve the voir dire process in trials involving the issue of mental illness and criminal responsibility and to preserve the impartiality of the jurors selected for these trials.


1985 ◽  
Vol 13 (1-2) ◽  
pp. 9-31 ◽  
Author(s):  
Caryl E. Boehnert

Thirty men who were found not guilty by reason of insanity were compared to 30 men who relied on the defense but were found guilty, and with 30 men who were evaluated for the defense but opted to plea bargain. Demographic and psychological test data were obtained for each subject. There was significant psychopathology found across groups, more suggestive of major mental illness than of psychopathy. When data on the heinousness of each individual crime were examined, NGRI subjects were found to commit the least heinous offenses, and those on death row were found to commit the most heinous. Directions for future research and the operation of the legal system in general are discussed.


2020 ◽  
Vol 29 (3) ◽  
pp. 446-458
Author(s):  
GERBEN MEYNEN

AbstractMany legal systems have an insanity defense, which means that although a person has committed a crime, she is not held criminally responsible for the act. A challenge with regard to these assessments is that forensic psychiatrists have to rely to a considerable extent on the defendant's self-report. Could neuroscience be a way to make these evaluations more objective? The current value of neuroimaging in insanity assessments will be examined. The author argues that neuroscience can be valuable for diagnosing neurological illnesses, rather than psychiatric disorders. Next, he discusses to what extent neurotechnological 'mind reading' techniques, if they would become available in the future, could be useful to get beyond self-report in forensic psychiatry.


2014 ◽  
Vol 33 (3) ◽  
pp. 57-69 ◽  
Author(s):  
Catherine Leviten-Reid ◽  
Pamela Johnson ◽  
Michael Miller

We explore the effects of supported housing on the quality of life and recovery of consumers in a rural community, and also explore how this housing approach could be improved. Data were collected from 16 tenants involved in Supported Housing for Individuals with Mental Illness (SHIMI), located in Nova Scotia. The following themes were identified in the analysis: support, security, normalcy and integration, stability and control, and recovery. Suggestions for improvement include fostering a stronger system of supports, coordinating initiatives to reduce the living costs and build the assets of tenants, and having greater consumer involvement in the initiative.


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