Psychopathy and Responsibility

O objetivo deste artigo é o de apresentar algumas posições filosóficas, que dialogam com diferentes áreas do conhecimento, e que nos auxiliam a dar um passo a mais na compreensão da relação entre razão e emoção. Em primeiro lugar, apresentamos a ideia dos marcadores somáticos, de Damasio, que elucida o papel dos afetos no desenvolvimento do pensamento racional. Em segundo lugar, observamos que indivíduos psicopatas apresentam uma capacidade reduzida em diferentes esferas da vida, com evidente diminuição na capacidade de ligar (...) sentimentos negativos a normas morais, o que leva a um comportamento moral inadequado e interfere na capacidade deliberativa. Por fim, apresentamos a teoria de Shaun Nichols acerca da Affective Resonance: normas que possuem respaldo afetivo (principalmente negativo) possuem vantagens de transmissão cultural, em detrimento de normas afetivamente neutras. Estes estudos comprovam a importância dos afetos para o pensamento racional e para a manutenção e propagação de normas e regras morais. A ideia principal aqui defendida é a de que há uma estreita relação entre razão e emoção. Ao elucidar esta relação, podemos aprofundar os estudos sobre a condição humana, em especial a razão e a moral. -/- The aim of this article is to present some of the philosophical positions that dialogue with different areas of knowledge and that help us take a step further in the understanding of the relationship between reason and emotion. First, we present Damasio's idea of somatic-markers, which elucidates the role of affections in the development of rational thought. Second, we observe that these exhibit a reduced capacity in different spheres of life, with a decreased ability to connect negative components to moralnorms, resulting in inappropriate moral behavior and interfering with deliberative capacities. Finally, we present Shaun Nichols' theory on Affective Resonance, the norms that comprise affective support (mainly negative) exhibit cultural transmission advantages to the detriment of affectively neutral norms. These studies prove the importance of affections inrational thinking and in the maintenance and propagation of moral norms and rules. The main idea defended herein is that a close relationship between reason and emotion takes place. By elucidating this relationship, we are able to deepen studies concerning the human condition, especially with regard to reason and morality. (shrink)

Questionable research practices are a well-recognized problem in psychology. Coding bias, or the tendency of review studies to disproportionately cite positive findings from original research, has received comparatively little attention. Coding bias is more likely to occur when original research, such as neuroimaging, includes large numbers of effects, and is most concerning in applied contexts. We evaluated coding bias in reviews of structural magnetic resonance imaging studies of PCL-R psychopathy. We used PRISMA guidelines to locate all relevant original sMRI studies (...) and reviews. The proportion of null-findings cited in reviews was significantly lower than those reported in original research, indicating coding bias. Coding bias was not affected by publication date or review design. Reviews recommending forensic applications—such as treatment amenability or reduced criminal responsibility—were no more accurate than purely theoretical reviews. Coding bias may have contributed to a perception that structural brain abnormalities in psychopaths are more consistent than they actually are, and by extension that sMRI findings are suitable for forensic application. We discuss possible sources for the pervasive coding bias we observed, and we provide recommendations to counteract this bias in review studies. Until coding bias is addressed, we argue that this literature should not inform conclusions about psychopaths' neurobiology, especially in forensic contexts. (shrink)

Philosophers have urged that considerations about the psychopath’s capacity for practical rationality can help to advance metaethical debates. These debates include the role of rational faculties in moral judgment and action, the relationship between moral judgment and moral motivation, and the capacities required for morally responsible agency. I discuss how the psychopath’s capacity for practical reason features in these debates, and I identify several takeaway lessons from the relevant literature. Specifically, I show how the insights contained therein can illuminate the (...) complex structure of practical rationality, inform our standards for an adequate theory of practical reason, and frame our thinking about the significance of rational capacities in moral theory and social practice. (shrink)

Das Themengebiet der Psychopathie hat in den letzten Jahrzehnten vor allem durch Filme, die sich mit (vermeintlich) psychopathischen Charakteren beschäfti- gen, ein breites gesellschaftliches Interesse erfahren (vgl. Swart 2016). Holly- woods Blockbuster zeigen hier Beispiele hochintelligenter (z. B. Hanibal Lector in „Das Schweigen der Lämmer“) oder sexuell devianter (z. B. Patrick Bateman in „American Psycho“) Serienkiller, welche aus klinischer Sicht tatsächlich hoch psy- chopathische Tendenzen aufweisen. Demgegenüber werden psychisch andersartig beeinträchtigte Filmcharaktere, wie z. B. Norman Bates („Psycho“) oder Travis Bickel (...) („Taxi Driver“) wohl aufgrund ihrer schreckenseinflößenden Wirkung im allgemeinen Sprachgebrauch oft als Psychopathen bezeichnet, obwohl ihre Symptome aus forensisch-psychiatrischer Sicht eher schizoiden Wahnvorstellungen ähneln und keine Anzeichen einer klas- sischen Psychopathie darstellen (vgl. Leistedt / Linkowski 2014). Auch Medienbe- richte über tatsächlich existierende, brutale (z.B. Serienkiller Ted Bundy) oder dreiste (z.B. Anlagebetrüger Bernard Madoff) Figuren der Zeitgeschichte haben die konzeptionelle Unübersichtlichkeit des in der Öffentlichkeit wahrgenommenen Bildes der Psychopathie befeuert. Und sogar in medizinischen bzw. psychiatri- schen Kreisen scheint eine uneinheitliche Sichtweise die Konfusion um das Stö- rungsbild Psychopathie weiter anzufachen (vgl. Berg et al. 2013). (shrink)

Creepiness and the emotion of the creeps have been overlooked in the moral philosophy and moral psychology literatures. We argue that the creeps is a morally significant emotion in its own right, and not simply a type of fear, disgust, or anger (though it shares features with those emotions). Reflecting on cases, we defend a novel account of the creeps as felt in response to creepy people. According to our moral insensitivity account, the creeps is fitting just when its object (...) is agential activity that is insensitive to basic moral considerations. When, only when, and insofar as someone is disposed to such insensitivity, they are a creep. Such insensitivity, especially in extreme forms, raises doubts about creeps’ moral agency. We distinguish multiple types of insensitivity, respond to concerns that feeling the creeps is itself objectionable, and conclude with a discussion of epistemic issues relating to the creeps. (shrink)

The term psychopathy refers to a personality disorder associated with callous personality traits and antisocial behaviors. Throughout its research history, psychopathy has frequently been described as a peculiar form of moral blindness, engendering a narrative about a patient stereotype incapable of taking a genuine moral perspective, similar to a blind person who is deprived of proper visual perceptions. However, recent empirical research has shown that clinically diagnosed psychopaths are morally more fit than initially thought, and the blindness-analogy now comes across (...) as largely misleading. In this contribution, the moral-blindness analogy is explored in an attempt to qualify anew its relevance in psychopathy theory and research. It is demonstrated that there are indeed theoretically relevant parallels to be drawn between blindness and psychopathy, parallels that are especially illuminating when accounting for the potential symptomatology, dimensionality, and etiological nature of the disorder. (shrink)

The psychiatric diagnosis of psychopathic personality—or psychopathy—signifies a patient stereotype with a callous lack of empathy and strong antisocial tendencies. Throughout the research record and psychiatric practices, diagnosed psychopaths have been predominantly seen as immune to psychiatric intervention and treatment, making the diagnosis a potentially strong discriminator for treatment amenability. In this contribution, the evidence in support of this proposition is critically analyzed. It is demonstrated that the untreatability perspective rests largely on erroneous, unscientific conclusions. Instead, recent research suggests that (...) practitioners should be more optimistic about the possibility of treating and rehabilitating diagnosed psychopaths. In light of this finding, concrete ethical challenges in the forensic practice surrounding the psychopathy diagnosis are discussed, adding to a growing body of research that expresses skepticism about the forensic utility of the diagnosis. (shrink)

The psychiatric diagnosis of psychopathic personality—or psychopathy—signifies a patient stereotype with a callous lack of empathy and strong antisocial tendencies. Throughout the research record and psychiatric practices, diagnosed psychopaths have been predominantly seen as immune to psychiatric intervention and treatment, making the diagnosis a potentially strong discriminator for treatment amenability. In this contribution, the evidence in support of this proposition is critically analyzed. It is demonstrated that the untreatability perspective rests largely on erroneous, unscientific conclusions. Instead, recent research suggests that (...) practitioners should be more optimistic about the possibility of treating and rehabilitating diagnosed psychopaths. In light of this finding, concrete ethical challenges in the forensic practice surrounding the psychopathy diagnosis are discussed, adding to a growing body of research that expresses skepticism about the forensic utility of the diagnosis. (shrink)

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

Many spectacular claims about psychopaths are circulated. This contribution aims at providing the reader with the more complex reality of the phenomenon (or phenomena), and to point to issues of particular interest to philosophers working in moral psychology and moral theory. I first discuss the current evidence regarding psychopaths’ deficient empathy and decision-making skills. I then explore what difference it makes to our thinking whether we regard their deficit dimensionally (as involving abilities that are on or off) and whether we (...) focus on primary or secondary psychopathy. My conclusion is that most grand claims about psychopathy settling long-standing debates in moral philosophy and psychology are overblown, but there is much to be learnt from this disorder when it comes to formulating modern theories of moral psychology. (shrink)

This essay explores the topic of Dissociative Identity Disorder (formerly called “Multiple Personality Disorder”) with special attention to such Quadrophenia masterpieces as “Dr. Jimmy” and “The Real Me.” A number of major philosophical questions arise: Can two or more “persons” really inhabit the same body? How can we hold Dr. Jimmy morally responsible for the reprehensible actions of Mr. Jim? Wouldn’t it be wrong to do so if they are really different people? What is it to be the “same” person (...) over time? Does Dr. Jimmy really have free will? The focus is on the much discussed and important notions of personal identity, free will, and moral responsibility. (shrink)

In this paper I discuss various hard cases that an account of moral ignorance should be able to deal with: ancient slave holders, Susan Wolf’s JoJo, psychopaths such as Robert Harris, and finally, moral outliers. All these agents are ignorant, but it is not at all clear that they are blameless on account of their ignorance. I argue that the discussion of this issue in recent literature has missed the complexities of these cases by focusing on the question of epistemic (...) fault. It is not clear that all blameworthy morally ignorant agents have committed an epistemic fault. There are other important issues that pull us in various directions: moral capacity, bad will, and formative circumstances. I argue that bad will is what is crucial, and moral ignorance itself can be a form of bad will. I argue that we should distinguish between two sorts of bad will, and correspondingly, two sorts of blameworthiness. Ordinary blameworthiness, requires moral knowledge, and is based on akratic action. The other kind of blameworthiness, objective blameworthiness, applies when the agent is morally ignorant, and when this indicates bad will. Objective blameworthiness can be undermined by unfortunate formative circumstances. (shrink)

I have great sympathy for what seem to be two main goals in Michelle Ciurria’s (2014) “Moral Responsibility and Mental Health: Applying the Standard of the Reasonable Person,” although I am not sure the reasonable person standard achieves either of the goals. These central goals seem to be to preserve an objective standard of moral responsibility and to do so in a way that “does not depersonalize the target individual” (Ciurria 2014, 7). In this commentary, I focus on my doubts (...) about the adequacy of the reasonable person standard, at least as presented in Ciurria’s paper, to meet either of these goals. It might be that had she chosen the example of the psychopath rather than Tourette syndrome to work through in a .. (shrink)

Background Men with antisocial personality disorder show lifelong abnormalities in adaptive decision making guided by the weighing up of reward and punishment information. Among men with antisocial personality disorder, modifi cation of the behaviour of those with additional diagnoses of psychopathy seems particularly resistant to punishment. Methods We did a case-control functional MRI (fMRI) study in 50 men, of whom 12 were violent off enders with antisocial personality disorder and psychopathy, 20 were violent off enders with antisocial personality disorder but (...) not psychopathy, and 18 were healthy non-off enders. We used fMRI to measure brain activation associated with the representation of punishment or reward information during an event-related probabilistic response-reversal task, assessed with standard general linear-model-based analysis. Findings Offenders with antisocial personality disorder and psychopathy displayed discrete regions of increased activation in the posterior cingulate cortex and anterior insula in response to punished errors during the task reversal phase, and decreased activation to all correct rewarded responses in the superior temporal cortex. This finding was in contrast to results for off enders without psychopathy and healthy non-off enders. Interpretation Punishment prediction error signalling in off enders with antisocial personality disorder and psychopathy was highly atypical. This finding challenges the widely held view that such men are simply characterised by diminished neural sensitivity to punishment. Instead, this fi nding indicates altered organisation of the information processing system responsible for reinforcement learning and appropriate decision making. This difference between violent offenders with antisocial personality disorder with and without psychopathy has implications for the causes of these disorders and for treatment approaches. (shrink)

This Note examines whether, and at which stages, a criminal defendant should be permitted to offer genetic evidence of a predisposition to psychopathy. Drawing on multidisciplinary sources, including the work of legal scholars, neurobiologists, psychologists, and medical researchers, the Note discusses psychopathy, its symptoms, and how it is measured, along with the proposed genetic and environmental causes of the disorder. The Note then examines current evidence rules and trends in the admissibility of genetic evidence at the guilt/innocence phase of criminal (...) trials and at sentencing. After discussing the potential effects of admitting evidence of a genetic basis for psychopathy at both of these phases, the Note concludes that the stigmatizing nature of the disorder and the uncertainty over its causes make it inadvisable to admit this type of evidence at the guilt/innocence phase of trial. However, admitting this evidence at sentencing is not objectionable. (shrink)

This essay articulates a conception of responsibility and excuse in terms of the fair opportunity to avoid wrongdoing and explores its implications for insanity, incompetence, and psychopathy. The fair opportunity conception factors responsibility into conditions of normative competence and situational control and factors normative competence into cognitive and volitional capacities. This supports a conception of incompetence that recognizes substantial impairment of either cognitive or volitional capacities as excusing, provided the agent is not substantially responsible for her own incompetence. This conception (...) helps frame the question whether psychopathy is excusing. The most common rationale for excusing psychopathy appeals to claims about cognitive incompetence. However, there are good philosophical and empirical reasons to be skeptical that psychopaths lack the relevant cognitive capacities. There is more to be said for a volitional rationale for excuse. The crucial question here is whether the problems psychopaths have with impulse control and conforming their behavior to the relevant moral and criminal norms are systematic enough to demonstrate genuine volitional incompetence. The available empirical evidence should leave us skeptical about the merits of this volitional rationale for excuse. (shrink)

Addressing concerns about the treatment of psychopaths, Grant Gillett and Flora Huang (2013) argue that we ought to accept a relational or holistic view of psychopathy and APSD rather than the default biomedical-deficit model since the latter “obscures moral truths about the psychopath”. This change in approach to the psychopath will both mitigate at least some of their moral responsibility for the harms they cause, and force communities to incur special obligations, so they claim, because the harms endured by psychopaths (...) will be understood as part of the cause for the harms they are guilty of committing. However, as I will argue, even if we accept that a relational or holistic approach is better suited to understand psychopathy (which is itself contentious), it does not follow that their responsibility is mitigated in a way that causes communities to have special obligations to them as Gillett and Huang suggest. A diagnosis of APSD or psychopathy does not, prima facie, exculpate an agent or suggest a different way of treating them. My discussion will focus on the widely accepted excusing conditions one must meet for responsibility to me mitigated and conclude, contra Gillett and Huang, that psychopaths are no different from you or I with regards to having a causal history that leads to action. Outside forces play a role in all of our behavior. If the psychopath is owed anything because of the way they have come to understand the world then we all are owed that same debt. (shrink)

In popular culture psychopaths are inaccurately portrayed as serial killers or homicidal maniacs. Most real-world psychopaths are neither killers nor maniacs. Psychologists currently understand psychopathy as an affective disorder that leads to repeated criminal and antisocial behavior. Counter to this prevailing view, I claim that psychopathy is not necessarily linked with criminal behavior. Successful psychopaths, an intriguing new category of psychopathic agent, support this conception of psychopathy. I then consider reactive attitude theories of moral responsibility. Within this tradition, psychopaths are (...) thought to be blameless as a result of their pronounced affective deficits. Psychopaths are considered morally blind because they lack the moral emotions that make us sensitive to moral reasons. I argue that, even if they are morally blind, psychopaths remain open to forms of blame stemming from non-moral reactive attitudes. These reactive attitudes remain appropriate because psychopaths can express hateful, disgusting, or contemptible non-moral values in their judgments. (shrink)

The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...) their actions, as they have the executive capacity to choose not to harm (and thus are legally rational). However, many unsuccessful psychopaths have a lack of executive function that should at least partially excuse them from criminal culpability. Although a successful psychopath's increased executive function may occur in conflict with, rather than in consonance with their increased autonomic activity - producing a cognitive style characterized by self deception and articulate-sounding, but unsound reasoning - they may be capable of recognizing and correcting their lack of autonomic data, and thus can be held responsible. (shrink)

Increasing evidence from psychology and neuroscience suggests that emotion plays an important and sometimes critical role in moral judgment and moral behavior. At the same time, there is increasing psychological and neuroscientific evidence that brain regions critical in emotional and moral capacity are impaired in psychopaths. We ask how the criminal law should accommodate these two streams of research, in light of a new normative and legal account of the criminal responsibility of psychopaths.

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...) itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

Review of the collection "Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy", edited by Luca Malatesti and John McMillan.

I argue for two propositions. First, contrary to the common wisdom, we may justly punish individuals who are not morally responsible for their crimes. Psychopaths – individuals who lack the capacity to feel sympathy – help to prove this point. Scholars are increasingly arguing that psychopaths are not morally responsible for their behavior because they suffer from a neurological disorder that makes it impossible for them to understand, and therefore be motivated by, moral reasons. These same scholars then infer from (...) this conclusion that they must also lack criminal responsibility and therefore that our continuing to punish psychopaths for their crimes is unjust. My response is that this inference is entirely fallacious. -/- Criminal responsibility turns out to be quite distinct from moral responsibility. The two kinds of responsibility require very different conditions to be satisfied. In particular, criminal responsibility, unlike moral responsibility, does not require an agent be able to grasp and follow moral reasons; it requires only that the individual be able to grasp and follow criminal laws. Once this point is recognized, it becomes much easier to accept my thesis: while the subset of psychopaths who commit crimes are not morally responsible for their criminal behavior because they cannot understand moral reasons, they are still criminally responsible because they can understand what the consequences will be if they get caught. For this reason, even though I concede that psychopaths are not morally responsible for the crimes that they commit, our practice of punishing them for these crimes is still just. -/- Second, I argue that psychopathy is a mental illness and should be recognized as such. One reason that it should be recognized as a mental illness is simply because it is; it satisfies the main criteria for inclusion in the DSM-IV, the “bible” of mental disorders. The other reason is more practical than conceptual. It starts with two facts: the U.S. Supreme Court has decided that the preventive detention of any individual who is not a criminal suspect is not constitutional unless the individual is not only dangerous but also mentally ill; and psychopathy is not currently considered to be a mental illness. So, as things now stand, we cannot preventively commit dangerous psychopaths – that is, psychopaths who have clearly indicated that they will be committing serious crimes. Instead, we must wait for them to commit the crimes before we can lock them up. Unfortunately, this incarceration always comes too late for the victims. It would therefore be better if we could lock them up before they actually inflict any harm. Once again, then, I propose that the legal and psychological communities classify psychopathy as a mental illness. (shrink)

This article offers an introductory analysis of the philosophical and empirical considerations having to do with the significance of psychopathy, intellectual disability and ADHD regarding one’s moral responsibility. Moral responsibility comes in degrees and is ultimately determined on social grounds. Whether a certain diagnosis and its under­pinning neuro-cognitive impairment affects one’s cognitive, emotional and moral conduct, depends also on social and relational factors.

At least some serial killers are psychopathic serial killers. Psychopathic serial killers raise interesting questions about the nature of evil and moral responsibility. On the one hand, serial killers seem to be obviously evil, if anything is. On the other hand, psychopathy is a diagnosable disorder that, among other things, involves a diminished ability to understand and use basic moral distinctions. This feature of psychopathy suggests that psychopathic serial killers have at least diminished responsibility for what they do. In this (...) chapter I consider whether psychopathic serial killers might be properly said to be both evil and morally responsible for their actions. I argue that psychopathic serial killers are plausibly evil in at least one recognizable sense of the term, but that they are nevertheless not likely to be responsible for many of the evils they perpetuate. (shrink)

A long-standing puzzle for moral philosophers and psychologists alike is the concept of psychopathy, a personality disorder marked by tendencies to defy moral norms despite cognitive knowledge about right and wrong. Previously, discussions of the moral deficits of psychopathy have focused on willingness to harm and cheat others as well as reasoning about rule-based transgressions. Yet recent research in moral psychology has begun to more clearly define the domains of morality, en- compassing issues of harm, fairness, loyalty, authority, and spiritual (...) purity. Clinical descriptions and theories of psychopathy suggest that deficits may exist primarily in the areas of harm and fairness, although quantitative evidence is scarce. Within a broad sample of participants, we found that scores on a measure of psychopathy predicted sharply lower scores on the harm and fairness subscales of a measure of moral concern, but showed no relationship with authority, and very small relationships with ingroup and purity. On a measure of willingness to violate moral standards for money, psychopathy scores predicted greater willingness to violate moral concerns of any type. Results are further explored via potential mediators and analyses of the two factors of psychopathy. (shrink)

A pressing and difficult practical problem concerns the general issue of the right social response to offenders classified as having antisocial personality disorder. This paper approaches this general problem by focusing, from a philosophical perspective, on the still relevant but more approachable question whether psychopathic offenders are morally responsible. In particular, I investigate whether psychopaths possess moral understanding. A plausible way to approach the last question requires a satisfactory philosophical interpretation of the empirical evidence that appears to show that psychopaths (...) fail to draw the distinction between conventional and moral norms. Specifically, I will consider a recent philosophical debate polarized between supporters of rationalist and sentimentalist accounts of moral understanding. These opponents have discussed whether the case of psychopathy offers empirical support for their account and undermine the rival view. I will argue that the available empirical data leave the outcome of this discussion indeterminate. However, this implies that both these principal theories of moral understanding, if independently motivated, would imply that psychopaths have certain deficits that might affect their moral understanding and, consequently, their moral responsibility. (shrink)

It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)