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. (shrink)

There is a paucity of research on how psychopathy relates to decision-making. In this study, we assessed the relationship between affective decision-making and psychopathic personality. A sample of prisoners (n D 49) was characterized in terms of psychopathic traits using the Psychopathic Checklist: Screening Version (PCL:SV). Decision-making was assessed using the Iowa Gambling Task (IGT). Higher levels of psychopathy related to more advantageous choices (p D .003). Also counter-intuitively, higher levels of antisocial traits (facet 4) predicted advantageous choices during the (...) learning phase of the task (p D .004). Our findings suggest that some psychopathic facets may be more relevant to decisionmaking under risk, and highlight the importance of further investigations considering facet and trait-level relationships with decision-making. (shrink)

The issue whether psychopathic offenders are practically rational has attracted philosophical attention. The problem is relevant in theoretical discussions on moral psychology and in those concerning the appropriate social response to the crimes of these individuals. We argue that classical and current experiments concerning the instrumental learning in psychopaths cannot directly support the conclusion that they have impaired instrumental rationality, construed as the ability for transferring the motivation by means-ends reasoning. In fact, we defend the different claim that these experiments (...) appear to show that psychopaths in certain circumstances are not aware of the relevant means for their ends. Moreover, we suggest how further empirical research could help to settle the issue. (shrink)

An emotional deficit in individuals with psychopathy has been regarded as a potential factor in the disinhibition of selfish behaviors, which can be an impediment to a successful life in human society. However, recent studies in the field of economics have made clear that emotional function is associated with irrational decision-making. In the present study, to test whether psychopathy may have a positive aspect in a social setting, we examined the decision-making of college students with high and low tendencies for (...) psychopathy in the ultimatum game, which illustrates conflict between fairness and economic utility. We also investigated electrodermal responses to fair and unfair offers for each group. Compared to low psychopathic controls, individuals with a high tendency toward psychopathy more often choose economic utility by accepting unfair offers. Whereas controls more often exhibited an electrodermal response to unfair offers compared to fair offers, high psychopathic individuals did not show a similar difference between the types of offer. The results suggest that the affective deficit of psychopathy might be associated with insensitivity to unfairness and may contribute to a rational decision to accept unfair offers. Hence, psychopathy can be rational in some social situations. (shrink)

We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds of treatment. Instead, (...) we argue detention on the grounds of self- defence, due to the severe and continuing threat posed by the psychopathic criminal. (shrink)

Recent years have seen an explosion of interest in the benefits of anxiety. Among these is the proposal that anxiety is a moral emotion. If it is, we ought to cultivate it. But people who are anxious are also less happy. So it seems that asking people to be morally better persons involves asking them to be less happy than they might otherwise be. In this paper, I consider ways to avoid this consequence, all of which rely on emotion regulation. (...) Emotion regulation is supposed to balance one’s anxiety sufficiently so as to have relatively little impact on one’s happiness. As it turns out, emotion regulation is not as simple a solution as one might think. People who are very good at regulating their moral emotions do so at a cost: they assist others in need less and think of other people in demeaning or dehumanizing ways. This shows that using emotion regulation to maximize aspects of happiness—particularly happy feelings—reduces, rather than enhances, one’s moral goodness. One might therefore think that aiming towards equanimity instead promises a better solution since we avoid the over-exertion of emotion regulation and its consequent negative effects. Although that is true, we are still stuck with the problem that the ways people typically reduce their negative reactions to others that suffer—which I show is a form of moral emotions—are highly morally problematic. If we are to hope to solve the apparent conflict between cultivating anxiety and being happy, I argue, we need to take a different approach. Instead of proceeding by thinking about emotions in an almost atomistic way, according to which we experience only one definable type at a time, which can be understood statically, we must think of emotion more holistically. That is, we should consider more carefully the context in which an emotion occurs, how it unfolds over time, what other emotions arise alongside it or are otherwise connected to it, and the significance to the person of the experience as a whole. Such a richer picture of person’s affective experience in morally relevant situations shows how emotion regulation can be deployed without leading to the morally problematic thoughts and actions described earlier. I use empathic distress as an example of moral emotions to exemplify why such an approach does more justice to the phenomena, in addition to being friendlier to anxiety-positive views. (shrink)

Previous studies suggest that psychopathic traits commonly present as comorbid with substance use disorders. Moreover, neuroimaging and psychometric findings suggest that psychopathic traits may predispose individuals to a sensitized reward response to drugs. Given that substance use disorders are characterized by a neurocognitive bias toward drug-reward relative to non-drug reward, it is possible that heightened psychopathic characteristics may further predispose to this processing bias. To evaluate this possibility, we assessed psychopathic traits (measured using the PCL-R; Hare, 2003 ) in 105 (...) probationers/parolees and evaluated the relationship between PCL-R scores, lifetime duration of drug use, and biases in neural response to drug- compared to food-related videos. Psychopathic traits (potentially driven by interpersonal/affective traits) were positively correlated with drug > food reactivity within the right insula and left amygdala. In addition, psychopathic traits modulated the relationship between drug use and drug > food reactivity within the left dorsomedial prefrontal cortex, right insula, and left caudate nucleus. Specifically, lifetime duration of drug use correlated positively with drug > food reactivity in participants with lower levels of psychopathic traits and correlated negatively with drug > food reactivity in individuals with higher levels of psychopathic traits. These results help reconcile prior studies on psychopathy and drug-stimulus processing and provide neurocognitive support for the notion that psychopathic traits serve as an underlying risk factor for substance use disorders. These results suggest that different treatment regimens for substance abuse for individuals with higher or lower levels of psychopathy may be beneficial and suggest that reduction of neurocognitive biases to drug-related stimuli may offer useful targets for future treatment protocols. (shrink)

We argue that philosophy has an important role to play in bridging certain social practices with certain scientific advancements. Specifically, we describe such a role by focusing on the issue of how and whether neuropsychological data concerning psychopathic offenders reflect on their criminal culpability. We offer some methodological requirements for this type of philosophical application. In addition, we show how it might help in addressing the problem of determining the criminal responsibility of psychopathic offenders.

In this paper, I present a general profile of individuals with psychopathy, autism, and acquired sociopathy as well as look specifically at the abilities of these individuals with respect to the moral domain. These individuals are individually and collectively interesting because of their significant affective and social impairments. I argue that none of these individuals should be considered full moral agents based on a proposed account of moral agency consisting of the following two necessary conditions: the capacity for moral judgment (...) and the capacity for moral motivation. Since each of these groups of individuals fails to satisfy the criteria in a different way, these arguments help to distinguish three primary ways in which emotion contributes to moral motivation. I conclude with a suggested general implication of this discussion for related debates in moral theory. (shrink)

Deficits in reinforcement learning are presumed to underlie the impulsive and incorrigible behavior exhibited by psychopathic criminals. However, previous studies documenting reversal learning impairments in psychopathic individuals have not investigated this relationship across a continuous range of psychopathy severity, nor have they examined how reversal learning impairments relate to different psychopathic traits, such as the interpersonal-affective and lifestyle-antisocial dimensions. Furthermore, previous studies have not considered the role that childhood maltreatment and substance use may have in this specific cognitive deficit. Using (...) a standard reversal learning task in a sample of N = 114 incarcerated male offenders, we demonstrate a significant relationship between psychopathy severity and reversal learning errors. Furthermore, we show a significant interaction between psychopathy and childhood maltreatment, but not substance use, such that individuals high in psychopathy with an extensive history of maltreatment committed the greatest number of reversal learning errors. These findings extend the current understanding of reversal learning performance among psychopathic individuals, and highlight the importance of considering childhood maltreatment when studying psychopathy. (shrink)