Physical Disability as a Determinant of Criminal Behavior

• NCJ Number: 82300
• Journal: Australian Journal of Forensic Sciences Volume: 14 Issue: 2 Dated: (December 1982) Pages: 26-32
• Author(s): A A Bartholomew
• Date Published: 1981
• Length: 7 pages
• Publication Format: Article
• Language: English
• Country: Australia
• Note: This paper was presented at a seminar on 'Forensic Aspects of Psychiatric Disability,' held in Melbourne, Australia on August 14, 1981.

Annotation

This paper argues that forensic psychiatrists have often erroneously labeled physical disabilities involving cerebral functions as determinants of crime while ignoring the influence of other physical handicaps on behavior.

Abstract

Certain physical disabilities such as chronic cerebral pathology may form the foundation of a defense of insanity, but the law is in a grossly unsatisfactory state regarding cases in which insanity cannot be distinguished from automatism (a lack of the capacity to form the basic intent). Relief may come from the Australian statutory defense of diminished responsibility and a Government committee's recommendations that courts have greater discretion in this area. Psychiatrists, however, have tended to take a cavalier attitude toward logic when testifying about relationships between physical conditions and criminal behavior. Defense attorneys have claimed that hypoglycemia and drug withdrawal have been factors in bringing about an impaired mental state while others have argued that brain damage and menstruation were important factors in criminal behavior. In contrast, many forensic psychiatrists have been unwilling to conduct a full physical examination of patients and are content with the psychiatric label rather than looking for a somato-psychiatric factor which may be remedial. Studies have shown that surgery for nasal deformities helped young delinquents, and other researchers have noted that some sexual offenders have long histories of physical problems. The article contains 11 references.