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research-article2014

IJOXXX10.1177/0306624X14555962International Journal of Offender Therapy and Comparative CriminologyPalermo

Editorial

Severe Antisocial Personality Disordered and Psychopathic Offenders: Should They Be Allowed to Enter an Insanity Plea?

International Journal of Offender Therapy and Comparative Criminology 2014, Vol. 58(12) 1412­–1414 © The Author(s) 2014 Reprints and permissions: sagepub.com/journalsPermissions.nav DOI: 10.1177/0306624X14555962 ijo.sagepub.com

Among the severe personality disordered offenders, those with an antisocial personality stand out because, especially when psychopathic, they often are involved in serious crimes. Severe antisocial personality disorder (ASPD) and psychopathy are ubiquitous. They are frequently present among unruly and delinquent adolescents, regardless of social, family, and economic status. Their dyssocial behaviors are easily noted. Their personalities often predict career delinquency. As adults, they are found in the community at large. Psychopaths may be successful or unsuccessful in their social behavior. Successful psychopaths are frequently found among professional people who often easily climb the social and professional ladder. They may be found among business people, who frequently manifest their ruthless desire for achievement. They are narcissistic, unemotional, impulsive, and compulsive in their behaviors. When incarcerated, psychopaths often successfully violate institutional rules, because their charming personality helps them to navigate to their benefit the carceral system. Most frequently, as with ASPD offenders, psychopaths are egocentric and tend to project blame for their criminal acts unto others. Their offenses are positively related to the degree of their psychopathy: The higher the degree of psychopathy, the more serious the offense. Their behaviors tend to be compulsive and they claim that they are unable to refrain from amoral and illegal acts. Psychological screening may find them not legally responsible for their actions. In this issue of the International Journal of Offender Therapy and Comparative Criminology (IJOTCC), DeLisi and colleagues, discussing psychopathy and using the Psychopathic Personality Inventory–Short Form (PPIS), report that its eight subscales point out behaviors typical of psychopaths. Among their findings, blame externalization seems to be the strongest predictor of psychopathic antisocial behaviors and career delinquency. The readers will certainly appreciate the knowledge that the authors are passing on. Recent progress in neuroimaging of the brain supports the idea that ASPD, and especially psychopathy, are affected by dysfunctions of brain physiology and anatomy,

Corresponding Author: George B. Palermo, Clinical Professor of Psychiatry, University of Nevada School of Medicine, Mailing Address: 2169 Silent Echoes Drive, Henderson, NV 89044, USA. Email: [email protected]

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Palermo

indicating that brain malfunctioning may be at the basis of their disorderly behaviors. In other words, they may be considered to be “ill,” and from a legal point of view, possibly not legally or morally responsible for their moral antisocial/dyssocial conduct. Often, their behaviors seem to be very immature. They are extremely narcissistic, often boastful of non-existent qualities, blame others or circumstances for their bad conduct, show feelings of grandiosity, and claim to be driven to carry out their actions. At times, they seem to act like little children who blame everyone else rather than themselves. Neuroimaging findings may explain their behaviors. They point out a deficit of glucose perfusion in the fronto-temporal-limbic system on PET (positron emission tomography) studies, and fMRI (functional magnetic resonance imaging) reveals a thinning of the gray matter, especially in the fronto-temporal lobes. The function of the frontal lobes is to put a brake on impulses and drives. Thus, psychopaths, and to some extent ASPD offenders, appear to have defective brains that may be the cause of their impulsive and compulsive behaviors. “I can’t stop doing it!” many of them say, referring to their bad behaviors. Other regions of the brain may also be involved in their antisocial behaviors and these structures are usually interconnected: the amygdala, the hippocampus, the superior temporal gyrus, and anterior cingulate cortex. Dysfunctions of these regions promote and support antisocial and psychopathic behaviors and, to some extent, predispose people to such behavior (Haycock, 2014). From a legal point of view, when charged with a serious crime, it is my belief that the psychopath and the ASPD offender should be allowed to enter a plea of insanity, as was possible before the Hinckley case (Palermo, 2010). They are certainly deviant and driven in their behaviors, and their neuroimaging findings seem to support this. Their underlying functional pathology is clearly abnormal and may deprive the ASPD offender, especially the psychopath, of the capacity to appreciate the quality and consequences of their behavior, and undermine their free will. Obviously, in a court of law, they would have to present evidence that at the time of their alleged illegal acts not only they could not resist the compulsion to act out, but basically they did not fully appreciate what they were doing. It would be at that time that one would be able to appreciate the distorted perceptions of these pre-psychotic, immature individuals. As another year comes to an end, I wish to thank the IJOTCC editorial board members for the assistance throughout the year and the many outside reviewers who unselfishly gave their time to comment on the articles submitted to the journal. Special thanks go to the many authors whose articles have contributed to the furthering of scientific investigation in the field of criminology and criminal justice. My best wishes to all of them and to you, the reader, for the holidays and for a healthy and prosperous New Year. George B. Palermo, MD, MScCrim, PhD Editor-in-Chief University of Nevada, School of Medicine, Las Vegas, USA

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International Journal of Offender Therapy and Comparative Criminology 58(12)

References Haycock, D. A. (2014). Murderous minds. New York, NY: Pegasus. Palermo, G. B. (2010). Severe personality-disordered defendants and the insanity plea in the United States: A proposal for change. The Hague, The Netherlands: Boom Juridische uitgevers.

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Severe antisocial personality disordered and psychopathic offenders: should they be allowed to enter an insanity plea?

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