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Published on: March 17, 2019
Proposition: a personality disorder may nullify responsibility for a criminal act.
1Massachusetts School of Professional Psychology, USA.
Summary
Personality disorders can negate criminal responsibility. Focusing on functional deficits, not just diagnosis, is crucial for legal insanity defenses to avoid expert overreach.
Area of Science:
- Forensic Psychology
- Psychiatry
- Neuroscience
Background:
- Current legal frameworks often exclude personality disorders from insanity defenses.
- Debates persist regarding categorical versus dimensional diagnostic approaches.
- Neurocognitive and behavioral genetics research informs understanding of mental disorders.
Purpose of the Study:
- To argue against per se rules barring personality disorder diagnoses in legal insanity defenses.
- To advocate for a focus on case-specific functional deficits arising from mental disorders.
- To address implications for expert testimony and legal fact-finding.
Main Methods:
- Literature review integrating diagnostic controversies, neurocognitive science, and behavioral genetics.
- Conceptual analysis of legal insanity defense standards.
- Examination of differential diagnosis and comorbidity challenges.
Main Results:
- Per se exclusion of personality disorders in insanity defenses is scientifically and conceptually flawed.
- Focusing on diagnosis over functional deficits leads to misleading expert battles.
- Current practices risk improper judicial deference to mental health experts.
Conclusions:
- Legal insanity defenses should consider functional deficits caused by personality disorders.
- A shift towards assessing specific impacts of mental disorders is recommended.
- Policy proposals for managing defendants found not guilty by reason of insanity are considered.
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