Genetics and criminal responsibility

Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature. Despite the astonishing research advances, however, none of these dire predictions and no radical transformation of the law have occurred. Advocates have tried to use genetic evidence to affect judgments of criminal responsibility. At present, however genetic research can provide little aid to assessments of criminal responsibility and it does not suggest a radical critique of responsibility.     

Craziness and criminal responsibility.

This article addresses why mental disorder is relevant to criminal responsibility. It begins by considering the meaning of criminal responsibility because it is impossible to understand the relevance of mental disorder unless one understands responsibility clearly. The next section provides a theoretical account of responsibility and excuse in general and addresses common misconceptions about these topics. The third section examines in detail why mental disorder can sometimes produce either a complete or partial excusing condition, such as legal insanity or "partial responsibility," and whether the U.S. Constitution requires the provision of an excuse based on mental disorder. The section proposes that mental disorder should produce an excusing condition in appropriate cases. The next section considers the relation of mental disorder to mens rea, the mental state "element" that is a definitional criterion of most crimes, and whether the U.S. Constitution requires that defendants be permitted to use evidence of mental disorder to negate mental state elements of the crime charged. This section argues that mental disorder rarely negates mens rea, but in those cases in which a plausible claim for negation could be made, defendants should be allowed to make this claim.     

Voluntary intoxication and criminal responsibility.

This paper reviews the law related to voluntary intoxication and criminal responsibility in the 50 United States, the District of Columbia, the US Virgin islands, and Puerto Rico. Statutory and case law citations are provided which govern the use of intoxication evidence in each jurisdiction to negate mens rea (i.e., to establish diminished capacity), to support an insanity defense, and to mitigate criminal sentencing. Factors that courts typically focus on when deciding whether to admit this evidence in a particular case are discussed, and these factors are related to clinically relevant criteria.     

An examination of the stability of the MMPI Personality Disorder Scales

Recently, a set of Minnesota Multiphasic Personality Inventory (MMPI) scales for the diagnosis of personality disorders have attracted research attention. As personality disorders are thought to represent long-standing trait disturbances, any measure of these disorders should be stable over time and relatively free from state influences. This study investigated the stability of the MMPI scales in 67 subjects across a brief inpatient treatment for substance abuse. The results indicated high levels of stability across the 3-week treatment period.     

MMPI profiles of problem peace officers

The Minnesota Multiphasic Personality Inventory (MMPI) profiles of officers who had been involved in serious disciplinary actions were compared with those of a matched group of officers who had not been involved in such actions. A multivariate analysis of variance (MANOVA) found the profiles of the two groups to be significantly different, with Scales F, 5, 6, and 9 significantly higher and Scale L significantly lower for the problem group. In addition, subjects in the problem group were twice as likely to have a high-point elevation T-score greater than or equal to 70 as their nonproblem counterparts. Overall, these results indicate that any degree of psychopathology, as reflected by MMPI profile elevations, increases the likelihood of serious job performance problems. In addition, a presentation of self as conventional and moderately defended is associated with a lesser likelihood of job difficulty, whereas characteristics such as hypersensitivity, impulsivity, and poor frustration tolerance contribute to significant job problems.     

The detection of malingering in criminal forensic groups: MMPI validity scales

Despite the value of the MMPI to the forensic assessment of malingering (exaggeration) of psychopathology, few studies have assessed the accuracy of the MMPI validity scales in criminal forensic populations. We administered the MMPI to 35 insanity defendants undergoing evaluation for fitness to stand trial and/or sanity at the time of the crime, who stood to benefit from being assessed as psychologically disturbed, and 39 subjects previously found not guilty by reason of insanity (NGRI), who did not stand to gain from such an assessment, Insanity defendants showed significantly more malingering than NGRI subjects, p less than .05. Racial differences did not affect the data. These findings support the efficacy of MMPI validity scales in assessing malingering within criminal forensic groups, and support the generalizability of the scales across race.     

MMPI profiles of adolescents charged with homicide

Study of adolescent violence has been impeded by failure to distinguish among the circumstances in which youth engage in violent behavior. The present study investigated MMPI profiles of 36 adolescent murderers and a control group of 18 adolescents charged with larceny. Homicide cases were subgrouped into those who committed homicide secondary to another crime (e.g., robbery or rape) and those who acted in the context of interpersonal conflict with the victim. While there were no significant differences between homicide and larceny groups, crime and conflict subgroups were significantly different on scales F, Hs, Hy, and Sc.     

Mass Murder: An Analysis of Extreme Violence

Mass murder involves the slaughter of four or more victims by one or a few assailants within a single event, lasting but a few minutes or as long as several hours. More than just arbitrary, using this minimum body count—as opposed to a two- or three-victim threshold suggested by others (e.g., Ressler et al., 1988, Holmes and Holmes, 2001)—helps to distinguish multiple killing from homicide generally. Moreover, by restricting our attention to acts committed by one or a few offenders, our working definition of multiple homicide also excludes highly organized or institutionalized killings (e.g., war crimes and large-scale acts of political terrorism as well as certain acts of highly organized crime rings). Although state-sponsored killings are important in their own right, they may be better explained through the theories and methods of political science than criminology. Thus, for example, the definition of multiple homicide would include the crimes committed by Charles Manson and his followers, but not those of Hitler's Third Reich, or the 9/11 terrorists, despite some similarities in the operations of authority.     

MMPI profiles of adolescent substance abusers in treatment

The non-K-corrected MMPI profiles of 243 adolescents presenting themselves for chemical dependency treatment in a residential setting were examined. Results suggested a general lack of psychopathology in this population, although a significant elevation on the Pd scale did emerge. These data are compared to the findings of previous studies with both adolescent and adult populations.     

MMPI profiles of women in codependency treatment.

The Minnesota Multiphasic Personality Inventory (MMPI) profiles of 73 women presenting themselves for treatment of codependency in a 10-day residential setting were examined. Results suggest a significant amount of psychopathology to be present in this population. More than 50% of these individuals produced clinically significant elevations of five or more scales, and 38% produced elevations on six or more scales.