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Pathological gambling and criminal responsibility.

S Rachlin, A L Halpern, S L Portnow

    Journal of Forensic Sciences
    |January 1, 1986
    PubMed
    Summary
    This summary is machine-generated.

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    Courts reject pathological gambling as a basis for the insanity defense, emphasizing that behavioral control disturbances should not excuse criminal responsibility. This ruling supports limiting the volitional aspect of the insanity defense in legal proceedings.

    Area of Science:

    • Forensic Psychiatry
    • Criminal Law
    • Behavioral Science

    Background:

    • Growing consensus supports removing the volitional element from the insanity defense.
    • Pathological gambling is increasingly presented as a defense in criminal trials.
    • This trend contrasts with the broader movement to limit the scope of insanity pleas.

    Purpose of the Study:

    • To analyze the legal treatment of pathological gambling as an exculpatory defense.
    • To examine federal appellate court decisions regarding the insanity defense and impulse disorders.
    • To advocate for statutory changes concerning behavioral control disturbances and criminal responsibility.

    Main Methods:

    • Review and analysis of three federal appellate court decisions.
    • Examination of legal arguments concerning psychiatric diagnostic nomenclature in criminal defenses.

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  • Discussion of the implications of these rulings for the insanity defense.

    • Main Results:

    • All three reviewed federal appellate court decisions upheld convictions.
    • Courts rejected the argument that pathological gambling constitutes grounds for an insanity defense.
    • The impulse disorder of pathological gambling was deemed insufficient for a plea of lack of criminal responsibility.

    Conclusions:

    • The inappropriate use of psychiatric terms to establish an insanity defense was rejected.
    • Current legal precedent does not support pathological gambling as a valid basis for the insanity defense.
    • Statutorily excluding behavioral control disturbances from insanity defenses is recommended in the public interest.