RECOMMENDATIONS FROM THE INSTITUTE OF CRIMINOLOGY, UNIVERSITY OF CAPE TOWN TO THE COMMISSION OF INQUIRY INTO THE CONTINUED INCLUSION OF PSYCHOPATHY AS A CERTIFIABLE MENTAL ILLNESS AND THE HANDLING OF PSYCHOPATHIC AND OTHER VIOLENT OFFENDERS

• NCJ Number: 144446
• Author(s): D Hansson
• Date Published: 1990
• Length: 6 pages
• Sale Source: University of Cape Town
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: South Africa
• Note: Occasional Paper 5-90

Annotation

Psychopathy should be eliminated as a category of certifiable mental illness in South Africa, based on both theoretical and empirical research; changes are also needed in the sentencing, handling, release, and other forms of control of violent offenders and sex offenders.

Abstract

The lack of validity and reliability of psychopathy as a diagnostic category has been criticized. The only characteristic shared by those diagnosed as psychopaths has been a high rate of recidivism, especially regarding violent offenses. Because psychopathy is not psychiatrically treatable and does not automatically impair criminal responsibility or competence to stand trial, it would be more appropriate to handle such people as any other offenders. Moreover, it appears inaccurate to consider psychopathy to be a mental illness, because research is increasingly indicating that psychopathy is probably a personality style or disorder rather than a biologically or organically based mental illness. Finally, in South Africa, the term may be used to avoid the important and basic sociological explanations of crime. Other changes needed are a program to address domestic assault and child sexual abuse; establishing a Women's Protection Unit similar to the Child Protection Unit; abolition of capital punishment; separation of juvenile and adult offenders; lists of persons convicted of child sexual abuse or domestic assault; and victim compensation.