NCJ Number
61242
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 22 Issue: 1 Dated: (1978) Pages: 80-90
Date Published
1978
Length
11 pages
Annotation
MEDICAL AND LEGAL DEFINITIONS OF THE CLASSIFICATION 'PSYCHOPATH' ARE DISCUSSED AS THEY AFFECT THE BOUNDARY LINE BETWEEN TREATMENT AND PUNISHMENT OF PSYCHOPATHIC OFFENDERS.
Abstract
THE BOUNDARIES BETWEEN PUNISHMENT AND TREATMENT SHIFT ACCORDING TO PREVAILING SOCIAL MILIEU, AND THE STRUGGLE BETWEEN PSYCHIATRISTS AND LEGAL PROFESSIONALS, THE TWO MOST POWERFUL PROTAGONISTS IN THE RULEMAKING PROCESS WHEREIN DEVIANCE AND CRIMINAL RESPONSIBILITY ARE DECIDED, IS INTIMATELY TIED TO THESE BOUNDARY LINES. THERE ARE DECIDEDLY SIGNIFICANT DIFFERENCES BETEEEN THE KINDS OF OUTCOMES FOR A PSYCHOPATHIC OFFENDER WHEN THE DEVIANT ACT IS CONSIDERED IN A MEDICAL OR LEGAL FRAMEWORK. THE LEGAL MODEL FOCUSES ON THE SPECIFIC ACTS, TRADITIONAL TESTS OF INSANITY, THE PROBLEM OF TREATMENT, AND THE CLASSIFICATION OF 'PSYCHOPATH' WITHIN THE COURT SYSTEM. THE MEDICAL OR PSYCHIATRIC MODEL ENTAILS THE TEXTBOOK DEFINITION OF PSYCHOPATH, THE DIFFICULTY IN ATTACHING THE STATUS OF MENTAL ILLNESS TO PSYCHOPATHIC PERSONS, AND THE CONCEPTION OF PSYCHOPATHSIS AS A PERSONALITY DISORDER. THERE IS A LACK OF COMPREHENSIVE THEORY ON PSYCHOPATHS AND A RELUCTANCE BY THE MEDICAL PROFESSION TO TRY AND TREAT THE DISORDER. PART OF THE DIFFICULTY IS THE PSYCHOPATH'S ABILITY TO MANIPULATE KINDNESS. THE CONFLICT OVER LABELING CENTERS ON THE TENSION IN OUR LEGAL SYSTEM STEMMING FROM THE PRINCIPLE OF CRIMINAL RESPONSIBILITY WHICH DOES NOT ADDRESS CAUSE OF IRRESPONSIBLE BEHAVIOR. THE PSYCHOPATH EVOKES LITTLE SYMPATHY, HAS THE ABILITY TO BEHAVE NORMALLY, CAN UNDERMINE THE NOTIONS OF WHAT CONSTITUTES MENTAL ILLNESS, AND SOMETIMES EVEN DISPLAYS TRAITS VALUED BY SOCIETY. THEREFORE, LABELING THE PSYCHOPATH AS MENTALLY ILL OFTEN IS AVOIDED, AND CONSEQUENTLY, THE DESIGNATION OF THE PSYCHOPATHIC OFFENDER TO TREATMENT OR CUSTODY IS MADE DIFFICULT. (RFC)