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Conduct Disorder01:28

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Conduct disorder is a complex mental health diagnosis characterized by a repetitive and persistent pattern of behavior that violates societal norms, the rights of others, or age-appropriate rules. The diagnostic criteria for conduct disorder require the presence of at least three problematic behaviors within the past 12 months, with at least one occurring in the past six months. These behaviors are grouped into four categories: aggression toward people and animals; destruction of property;...
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Related Experiment Video

Updated: May 28, 2026

Multimodal Protocol for Assessing Metacognition and Self-Regulation in Adults with Learning Difficulties
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Criminal responsibility and mental disorder: Why do heterogeneous constructs not overlap?

Linda Gröning1, Kenneth Hugdahl2

  • 1Faculty of Law, University of Bergen, Norway; Faculty of Law, University of Lund, Sweden; Regional Centre for Research and Education in Forensic Psychiatry and Psychology, Haukeland University Hospital, Bergen, Norway.

International Journal of Law and Psychiatry
|May 26, 2026
PubMed
Summary

Linking legal definitions of criminal unaccountability to psychiatric diagnoses is conceptually challenging. This mismatch can impact legal certainty and equality, requiring awareness of differing categorization purposes.

Keywords:
Criminal lawDelusionsForensic psychiatryHallucinationsInsanity defenseJurisprudenceMental disordersSchizophrenia

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Area of Science:

  • Forensic Psychiatry
  • Legal Psychology
  • Philosophy of Medicine

Background:

  • The association between legal judgments of criminal unaccountability (e.g., insanity) and psychiatric constructs (diagnoses, symptoms) presents significant conceptual challenges.
  • This dependence between legal and psychiatric frameworks potentially undermines constitutional values such as legal certainty and equality before the law.

Purpose of the Study:

  • To highlight the inherent conceptual difficulties in linking legal and psychiatric constructs related to criminal responsibility.
  • To underscore the epistemological challenges arising from the distinct purposes and categorization methods of legal and psychiatric frameworks.

Main Methods:

  • Conceptual analysis of the relationship between legal definitions of criminal unaccountability and psychiatric constructs.
  • Discussion of the heterogeneity of psychiatric constructs and their relevance to legal functional impairment.
  • Examination of the differing purposes and categorization strategies of legal and psychiatric systems.

Main Results:

  • The heterogeneity of psychiatric constructs and the complex relationship between diagnoses, symptoms, and functional impairment create challenges for legal application.
  • Legal constructs of criminal unaccountability and psychiatric diagnoses of mental disorders are fundamentally different categorization systems serving distinct purposes.
  • The overlap between these systems is epistemologically challenging, potentially leading to biases if not recognized by legal professionals and experts.

Conclusions:

  • Acknowledging the distinct nature and purposes of legal and psychiatric constructs is crucial for understanding and addressing the challenges in their association.
  • Awareness of these conceptual differences can mitigate potential biases and improve the application of psychiatric information in legal contexts.
  • The paper outlines key perspectives shaping these issues, advocating for a more nuanced understanding of the interface between law and psychiatry.