NCJ Number
168858
Journal
Criminologist Volume: 21 Issue: 2 Dated: Summer 1997 Pages: 66-75
Date Published
1997
Length
10 pages
Annotation
Even though psychopaths can know that the law and society view certain acts as wrong and criminal and may have the capacity to control their behavior, they are incapable of internalizing and integrating this knowledge of right and wrong and their ability to manage their behavior; therefore, they should not be held criminally responsible for their behavior.
Abstract
The psychopathic offender may not be excusable either on the basis of failing the complete cognitive test (not knowing that the action is a crime and morally wrong), or on the basis of failing the complete volitional test in its pure form; however, he may have a fundamental breakdown in the ability to synthesize the presumed cognitive and volitional abilities into a unique pattern of action. This failure and disorder in behavioral management is in accordance with the definition of psychopathy as a personality disorder. The lack of a psychopath's continuous capacity to respond to external norms justifies a nonpunitive handling of psychopathic crime from an ethical perspective. Psychopathic offenders should receive therapy under the same legal regime as psychotic offenders. Punishment does not change the psychopath; in fact, punishment further degrades his mental status. 9 references and a 10-item bibliography