Examining the Prevalence, Role and Impact of Evidence Regarding Antisocial Personality, Sociopathy and Psychopathy in Capital Cases: A Survey of Defense Team Members

Abstract

Although anecdotal case accounts suggest that evidence concerning Antisocial Personality Disorder (APD), sociopathy and psychopathy is frequently introduced by the prosecution in capital murder trials, to date there has been no systematic research to determine the actual prevalence, role, or perceived impact of such evidence in these cases. Survey data collected from attendees at a national capital mitigation conference (n=41) indicated that prosecution evidence concerning APD was quite prevalent, with "sociopath" and "psychopath" labels being introduced less frequently. Evidence concerning these disorders, which were assessed primarily via DSM criteria and self-report personality inventories, was most often introduced by the prosecution in the sentencing phase to address a defendant's ostensible risk of future dangerousness and/or to rebut mitigating evidence-although it was also introduced frequently in the guilt/innocence phase of these trials to rebut mental health evidence offered by the defense. Survey respondents believed that evidence concerning APD, sociopathy, and psychopathy had a considerable impact on trial outcomes. Also, although defense objections were common, such evidence was rarely ruled to be inadmissible in these cases.

How reliable are Psychopathy Checklist–Revised scores in Canadian criminal trials? A case law review.

“…These sentiments appear to have permeated the criminal justice system's view of scores derived from this rating scale, with legal surveys suggesting that the admissibility of PCL-R scores is rarely challenged (DeMatteo, Edens, Galloway, Cox, Smith, Roller, et al, 2014;Edens & Cox, 2012) and numerous anecdotal examples existing of expert testimony describing the reliability of PCL-R scores in generically positive terms (e.g., "highly reliable"). Other cases (e.g., R. v. Clancy, 2007;R.…”

The Impact of DSM‐5's Alternative Model for Personality Disorders on Criminal Defendants

“…Several studies suggest that diagnostic labels have a significant impact on criminal defendants. Edens and Cox () examined the prevalence and impact of the labels psychopathy, sociopathy, and APD in capital murder cases. They surveyed defense team members at a national capital mitigation conference and found that although these labels were introduced with relative frequency, APD was reported as the most prevalent term (respondents estimated it was introduced in approximately 60% of cases).…”

“…They surveyed defense team members at a national capital mitigation conference and found that although these labels were introduced with relative frequency, APD was reported as the most prevalent term (respondents estimated it was introduced in approximately 60% of cases). Psychopathy and sociopathy were less likely to be introduced, but still fairly prevalent at around 30% (Edens & Cox, ). When asked to estimate the effects of any of these three labels on trial outcome, respondents most frequently endorsed “considerable” or “extensive” impacts on outcomes (Edens & Cox, ).…”

Developmental impairments in moral competence as mitigation in capital cases

“…And, true to form, individuals charged with serious crimes are often presented by the prosecution as simply being morally deficient based on what is known about their crimes. Their immorality is often presented as a characteristic or trait of the antisocial personality disorder (ASPD) or sociopath (Edens & Cox, ). In fact, the lack of moral competence has been at the heart of ASPD conceptualization almost from earliest writing about the condition (Cleckley, ; Tamatea, ).…”

“…In fact, the lack of moral competence has been at the heart of ASPD conceptualization almost from earliest writing about the condition (Cleckley, ; Tamatea, ). The ASPD diagnosis is generally a categorical condition that admits no gradation of severity and it becomes a virtual lock box into which all of a client's criminal traits can be lumped (Edens & Cox, ; Kennedy, ).…”