Psychopathic traits predict attitudes toward a juvenile capital murderer

Dehumanization Through Degendering the Death Row Inmate: A Systematic Review of the Research

Purpose: To provide an overview of how gender identity is treated in death row research. Methods: By use of a systematic review of 56 peer-reviewed journal articles that were identified as empirical, employing either qualitative or quantitative data, concepts measuring the use of gender and race identity were developed. Results: Findings were presented by the methodology employed, area of research, sample composition, and key concepts which included the use of gendered terminology in titles, abstracts, and manuscripts, as well as by the author(s)'s gender identities. Conclusion: In general, regardless of methodology or area of research, death row research does not account for the effects of gender or intersectional identities unless the sample participants or subject matter pertains to women.

Biological Evidence Regarding Psychopathy Does Not Affect Mock Jury Sentencing

Research on the biological factors influencing criminal behavior is increasingly being introduced into court, necessitating research on how such evidence is perceived and influences decision makers. Research on how this evidence influences sentencing recommendations is inconclusive. In this study, we focus on biological evidence related to psychopathy, a construct commonly associated with criminal behavior. Approximately 800 community members were presented with a case vignette detailing an individual who is described as having a high level of psychopathic traits. Participants received either psychological information about psychopathy (i.e., no biological evidence), evidence the defendant had genetic risk factors for psychopathy, or written neuroimaging evidence the defendant had brain deficits associated with psychopathy. Participants then recommended a sentence. Overall, recommended sentence lengths did not differ between evidence conditions. These findings add to a growing body of research suggesting that biological evidence may not have as much of an influence on jurors as previously thought.

The global three: A Malaysian lens on the challenges and opportunities facing restorative justice planning and implementation

From the rise of restorative justice to evidence-based approaches to reducing recidivism, the intellectual landscape of criminal justice has seen considerable change in recent decades. The result is that an increasing number of countries have tackled the task of shifting preexisting political institutions to confirm with these new understandings. This is, of course, no easy feat. A great number of challenges confront willing policymakers, a reality that often puts philosophy at loggerheads with practicality. Moreover, the political process of change is subject to the influence of cultural and institutional norms. In this paper, we look at one particular case study - that of Malaysia's juvenile justice system - to understand the challenges faced in changing criminal justice policy. We identify three primary categories of challenges and elucidate their shape and impact through the Malaysian example. We also briefly analyze potential opportunities to mitigate and overcome these challenges. Furthermore, we also conclude with several implications for future research that we deem are important to be taken place. In sum, we argue that criminal justice reform must be undertaken with an eye toward important societal and institutional norms, each requiring thoughtful analysis of complex local cases.

Dangerous, depraved, and death-worthy: A meta-analysis of the correlates of perceived psychopathy in jury simulation studies

OBJECTIVES

Experimental research suggests that legal defendants described as psychopathic are generally, although not uniformly, judged more negatively and punitively. Understanding the correlates of perceived psychopathy, regardless of exposure to mental health evidence, is an important step towards clarifying divergent findings.

METHOD

We conducted a quantitative synthesis of ten juror simulation studies (combined N = 2,980) examining the meta-analytic association between perceived defendant psychopathy and various psychologically important and legally relevant outcomes.

RESULTS

Perceiving someone as being more psychopathic was associated with viewing that defendant as more dangerous (r _W  = 0.31) and evil ( r _W  = 0.44). Moreover, perceptions of defendant psychopathy predicted greater support for more adverse consequences in terms of capital sentencing ( r _W  = 0.22) and sentence length ( r _W  = 0.27), although not perceived treatment amenability ( r _W  = 0.09).

CONCLUSIONS

These findings highlight the importance of including ratings of perceived psychopathy in experimental designs to identify the circumstances under which psychopathy evidence might prejudicially impact case outcomes.

Development and Initial Validation of an Inconsistent Responding Scale for the Youth Psychopathic Traits Inventory

The Youth Psychopathic Traits Inventory (YPI) is widely used in research, but there currently exist no means to identify potentially invalid protocols resulting from careless or random responding. We describe the development of an inconsistent responding scale for the YPI using three archival samples of youths, including two from the United States (juvenile justice and middle school) and one from Germany (vocational training school). We first identified pairs of correlated YPI items and then created a total score based on the sum of the absolute value of the differences for each item pair. The resulting scale strongly differentiated between genuine protocols and randomly generated YPI data (n = 1,000) across samples (AUC values = .88-.92). It also differentiated between genuine protocols and those same protocols after 50% of the original YPI items were replaced with random data (AUCs = .77-.84). Scores on this scale also demonstrated fairly consistent patterns of association with theoretically relevant correlates.

The Relationship Between Early Life Events, Parental Attachment, and Psychopathic Tendencies in Adolescent Detainees

Despite increasing interest in understanding psychopathic traits in youth, the role of early environmental factors in the development of psychopathic traits is not well understood. No prior studies have directly examined the relationship between early life events and psychopathic traits. We examined links between life events in the first 4 years of life and indices of the core affective and interpersonal components of psychopathy. Additionally, we examined relationships between early life events, psychopathic traits, and attachment to parents among 206 adjudicated adolescents. Results indicated that the total number of early life events was positively correlated with indices of the affective component of psychopathy. Moreover, psychopathic traits moderated the relationship between the number of early life events and later reports of attachment to parents. Findings suggest that early environmental factors could have important implications for the development of psychopathic traits and may impact attachment to parents for youth with psychopathic traits.

"A Psychopath by Any Other Name?": Juror Perceptions of the DSM-5 "Limited Prosocial Emotions" Specifier

DSM-5 recently added the specifier "Limited Prosocial Emotions" (LPE) to the Conduct Disorder (CD) diagnosis, yet little is known about how these traits will affect attitudes toward CD youth. Laypersons attending jury duty (N = 326) were randomly assigned to one of four case vignette conditions in which a male juvenile offender was identified as having (a) CD symptoms only, (b) CD symptoms plus a diagnostic label, (c) CD symptoms plus a diagnostic label and description of LPE traits, or (d) CD symptoms plus a description of LPE traits and a "psychopath" label. LPE traits led to more negative perceptions of the youth (e.g., more dangerous, evil, and psychopathic) and adding the psychopath label to the LPE specifier resulted in somewhat stronger support for punishment and mandated treatment. The LPE specifier may provide useful diagnostic information, but these findings raise serious concerns that it will stigmatize youth in the legal system.

Effects of Mental Health and Neuroscience Evidence on Juror Perceptions of a Criminal Defendant: the Moderating Role of Political Orientation

Several recent studies have examined the effects of mental health and neuroscientific evidence on attitudes toward criminal defendants, suggesting that these factors may influence juror decision-making in meaningful ways. Few studies to date have manipulated both of these variables while also considering theoretically important individual difference variables (e.g., political orientation). Using a criminal case simulation, this study manipulated the presence of evidence concerning mental disorders (psychopathy and schizophrenia) and increasing levels of neuroscientific detail regarding a defendant's brain injury, and examined verdicts and sentencing recommendations in over 400 persons attending jury duty. Main effects were detected for mental health testimony and political orientation, although interactions were noted as well. More negative reactions to defendants labeled as psychopaths were relatively consistent, whereas participants who identified as liberal generally were less punitive towards a defendant identified as schizophrenic than were more conservative jurors. Consistent with other recent research, juror perceptions of the defendant's level of psychopathic traits (independent of the effects of the experimental manipulations) predicted guilty verdicts and longer sentencing recommendations. Copyright © 2016 John Wiley & Sons, Ltd.

Jury panel member perceptions of interpersonal-affective traits of psychopathy predict support for execution in a capital murder trial simulation

Recent research with college undergraduate mock jurors suggests that how psychopathic they perceive a criminal defendant to be is a powerful predictor of whether they will support a death verdict in simulated capital murder trials. Perceived affective and interpersonal traits of psychopathy are especially predictive of support for capital punishment, with perceived remorselessness explaining a disproportionate amount of variance in these attitudes. The present study attempted to extend these findings with a more representative sample of community members called for jury duty (N = 304). Jurors reviewed a case vignette based on an actual capital murder trial, provided sentencing verdicts, and rated the defendant on several characteristics historically associated with the construct of psychopathy. Consistent with prior findings, remorselessness predicted death verdicts, as did the affective and interpersonal features of psychopathy - though the latter effect was more pronounced among jurors who were Caucasian and/or who described their political beliefs as moderate rather than conservative or liberal. Results are discussed in terms of the potentially stigmatizing effects of psychopathy evidence in capital cases.

Interpersonal and affective dimensions of psychopathic traits in adolescents: development and validation of a self-report instrument

We report the development and psychometric evaluations of a self-report instrument designed to screen for psychopathic traits among mainstream community adolescents. Tests of item functioning were initially conducted with 26 adolescents. In a second study the new instrument was administered to 150 high school adolescents, 73 of who had school records of suspension for antisocial behavior. Exploratory factor analysis yielded a 4-factor structure (Impulsivity α = 0.73, Self-Centredness α = 0.70, Callous-Unemotional α = 0.69, and Manipulativeness α = 0.83). In a third study involving 328 high school adolescents, 130 with records of suspension for antisocial behavior, competing measurement models were evaluated using confirmatory factor analysis. The superiority of a measurement model represented by four correlated factors was supported, and this model was invariant across gender and age. The findings provide researchers and clinicians with a psychometrically strong, self-report instrument and a greater understanding of psychopathic traits in mainstream adolescents.

Expert testimony and the effects of a biological approach, psychopathy, and juror attitudes in cases of insanity

Amid growing psychological controversy and legal interest surrounding the uses of PCL-R and biological evidence in the legal system, this mock jury study assessed the effects of PCL-R and biological evidence on outcomes in an insanity defense case. A sample of 428 undergraduates read a trial transcript of an insanity defense murder case. Three variables of interest were manipulated: rebuttal illness (no mental illness, personality disorder, or psychopathy), evidentiary basis (biological or psychological), and evidentiary strength (moderately strong or moderately weak). Consistent with the hypotheses, biological evidence was more persuasive than psychological evidence, and the rebuttal was slightly more successful when the prosecution labeled the defendant as a "psychopath" than when they described him simply as "not mentally ill."

A latent class factor approach to identifying subtypes of juvenile diversion youths based on psychopathic features

Latent class factor analysis allows for the estimation of a dimensional construct such as psychopathy through factor analysis while also examining the heterogeneity of the sample. We report the results of a latent class factor analysis examining the psychometric structure of a widely used measure of psychopathy, as well as internalizing (i.e. anxiety) and externalizing indices, among diversion program youths involved in an intervention study. The results indicated that four subgroups of adolescents existed in the data: one with high psychopathic features and externalizing problems, but low anxiety; one with moderately high affective and behavioral psychopathic features and externalizing problems, but low anxiety; one with moderately high interpersonal and behavioral psychopathic features, externalizing problems, and anxiety; and one with very low psychopathy scores, anxiety, and externalizing problems. The validity of these subgroups was assessed comparing prior family problems, substance use, and offending measures, and one-year follow-up measures of recidivism, detention days, substance use, and program completion. This study offers partial support for the existence of psychopathy subgroups and has implications for future studies of psychopathy typologies. In addition, this study employed a methodology for classification that permits consideration of the dimensional nature of a construct, and as such has implications for a variety of research areas.

The Assessment of Juvenile Psychopathy: Strengths and Weaknesses of Currently Used Questionnaire Measures

BACKGROUND

  There has been a significant increase in the research use of questionnaire measures of juvenile psychopathy. This paper aimed to critically review these questionnaires.

METHOD

  Empirical studies on published measures of juvenile psychopathy were reviewed with two criteria in mind: (1) adequate scale psychometrics; (2) utility value in clinical, forensic, community or primary health care settings.

RESULTS

  Despite significant strengths, the review highlights several psychometric shortcomings of currently used measures.

CONCLUSIONS

  Psychometric shortcomings in questionnaire measures of juvenile psychopathy mitigate against their use in applied settings in the absence of full clinical assessments, especially where pre-adolescent children are concerned.

The effects of neuroimaging and brain injury on insanity defenses

Although neurological evidence is used with increasing frequency in criminal trials, there is limited research examining the effects that this evidence has on juror decision-making in insanity trials. Participants (396) were presented with a case summary and psychological testimony and asked to render either a verdict of guilty or not guilty by reason of insanity in a 2 (psychosis or psychopathy) x (presence or absence of an MRI indicating a brain lesion) x (presence or absence of testimony describing a car accident that caused injury to the brain) factorial design. Defendants diagnosed with a psychotic disorder, defendants who could demonstrate the existence of a brain lesion via MRI, and defendants who had a history of brain injury were more likely to be found not guilty by reason of insanity than those defendants who did not present any neurological testimony. Participants who reported they were more influenced by the psychological and neurological testimony were almost six times more likely to render a verdict of NGRI than those participants who reported that the psychological and neurological testimony and evidence did not influence their decision regarding verdict.

Juvenile psychopathy and judicial decision making: an empirical analysis of an ethical dilemma

In the burgeoning juvenile psychopathy literature, there is a debate on whether it is appropriate to apply this construct to youths. Some have suggested that labeling children/adolescents as psychopathic might result in negative consequences, such as being recommended for more restrictive placements. However, the scant evidence is equivocal. This study provides additional insights on this issue by assessing judicial perceptions and recommendations to a hypothetical case. Results indicate that psychopathy influenced perceptions of amenability (eta = .12) and dangerousness (eta = .25), and recommendations for placement (eta = .11). More specifically, youth who were both labeled as psychopathic and ascribed psychopathic traits were viewed as less amenable to treatment and more dangerous and were more likely to be recommended for a restrictive placement than youth who were neither labeled nor described as such. The effect of psychopathy on placement recommendations, however, was not significant after controlling for perceptions of dangerous. This suggests that the influence of psychopathy on judicial restrictiveness may operate through the perceived dangerousness of the youth.

Effect of psychopathy, abuse, and ethnicity on juvenile probation officers' decision-making and supervision strategies

Probation officers exercise substantial discretion in their daily work with troubled and troubling juvenile offenders. In this experiment, we examine the effect of psychopathic features, child abuse, and ethnicity on 204 officers' expectancies of, recommendations for, and approach to supervising, juvenile offenders. The results indicate that officers (a) have decision-making and supervision approaches that are affected by a youth's psychopathic traits and history of child abuse-but not ethnicity; (b) view both abused youth and psychopathic youth as highly challenging cases on a path toward adult criminality; and (c) have greater hope and sympathy for abused youth than psychopathic youth. For abused youth, officers are likely to recommend psychological services and "go the extra mile" by providing greater support, referrals, and networking than is typical for their caseload. For psychopathic youth, officers expect poor treatment outcomes and are" extra strict," enforcing rules that typically are not enforced for others on their caseload.

Diagnostic labeling in juvenile court: how do descriptions of psychopathy and conduct disorder influence judges?

This study examined the influence of diagnostic criteria and diagnostic labels for psychopathy or conduct disorder on judicial decisions. A national sample of judges (N = 326) rendered hypothetical dispositions based on 1 of 12 mock psychological evaluations. The evaluations varied the presence of 2 sets of diagnostic criteria (antisocial behavioral history and psychopathic personality traits) and 3 diagnostic labels (conduct disorder, psychopathy, no diagnosis) to distinguish diagnostic criterion effects from diagnostic labeling effects. Results revealed substantial effects (Cohen's d = .33- 1.27 on 6 of 9 variables) for a history of antisocial behavior. Psychopathic personality features also appeared influential, albeit on fewer variables. There were no negative effects associated with conduct disorder or psychopathy labels. Results suggest that the criteria underlying labels, more than labels themselves, exert influence in juvenile justice contexts.

Psychopathic traits in nursing and criminal justice majors: a pilot study

Prior findings suggest presence of psychopathic personality traits may be prevalent outside of the criminal sphere, such as in the business world. It is possible that particular work environments are attractive to individuals with higher psychopathic personality traits. To test this hypothesis, the current study investigated whether psychopathic personality scores could predict students' choices between two university majors, criminal justice or nursing (N= 174; 53 men, 121 women). Nursing education espouses nurturance and care, while criminal justice education teaches students informal and formal social control. Given these two educational mandates, it was predicted that students who scored higher on a scale of psychopathy would tend to enter criminal justice rather than nursing. Using logistic regression, results showed students with higher overall scores on the Psychopathic Personality Inventory, specifically higher scores on the subscale Machiavellian Egocentricity, were more likely to have chosen to major in criminal justice than nursing. Effects were generally weak but significant, accounting for between 5% to 25% of the variance in choice of major. Furthermore, this finding was not due to sex differences.

Psychopathy in adolescence and criminal recidivism in young adulthood: longitudinal results from a multiethnic sample of youthful offenders

Very few studies to date have examined the long-term predictive validity of psychopathy among juveniles. The current study reports general and violent recidivism data for an ethnically heterogeneous sample of male offenders (n = 75) who had been administered the Psychopathy Checklist: Youth Version (PCL: YV) in 1996 when they were on average 16 years of age. Neither total scores nor factor scores of the PCL: YV predicted general or violent reconvictions throughout this time frame. These modest effects underscore recent concerns raised about the utility of psychopathy as a risk factor for future criminality, particularly among multiethnic offender samples.

Youth psychopathy and criminal recidivism: a meta-analysis of the psychopathy checklist measures

Although narrative reviews have suggested that "youth psychopathy" is a strong predictor of future crime and violence, to date no quantitative summaries of this literature have been conducted. We meta-analyzed recidivism data for the Psychopathy Checklist measures across 21 non-overlapping samples of male and female juvenile offenders. After removing outliers, psychopathy was significantly associated with general and violent recidivism (r (w)'s of .24 and .25, respectively), but negligibly related to sexual recidivism in the few studies examining this low base rate outcome. Even after eliminating outliers, however, considerable heterogeneity was noted among the effects, with some of this variability being explained by the gender and ethnic composition of the samples. Effect sizes for the small number of female samples available for analysis were mostly small and nonsignificant, and psychopathy was a weaker predictor of violent recidivism among more ethnically heterogeneous samples. In relation to predicting both general and violent recidivism, psychopathy performed comparably to an instrument designed specifically to assess risk, the Youth Level of Service/Case Management Inventory (Hoge & Andrews, 2002).

Do black and white youths differ in levels of psychopathic traits? A meta-analysis of the psychopathy checklist measures

Putative ethnic group differences in various forms of psychopathology may have important theoretical, clinical, and policy implications. Recently, it has been argued that individuals of African descent are more likely to be psychopathic than those of European descent (R. Lynn, 2002). Preliminary evidence from the Psychopathy Checklist: Youth Version (A. Forth, D. Kosson, & R. Hare, 2003) offers some support for this contention, with Black youths rated as moderately higher (Cohen's d = .61) than White youths in a large institutional sample (n = 945). To examine this issue more exhaustively, the authors meta-analyzed adolescent psychopathy data from several studies (combined N = 2,199) and obtained a much smaller mean difference (dw = .20, p = .03), although considerable heterogeneity was evident among the effect sizes.

Gender differences in attitudes toward psychopathic sexual offenders

Although a considerable amount of research has been conducted examining the validity of psychopathy as a psychological construct, relatively few studies have focused on the effects of using this disorder in "real-world" settings to influence the attitudes of laypersons who are making life-altering decisions about offenders. This study attempted to replicate and extend earlier findings (Guy & Edens, 2003) suggesting that there are gender differences in the impact of expert testimony regarding psychopathy. A sample of 599 undergraduates reviewed case facts regarding a hypothetical Sexually Violent Predator trial in which the type of risk assessment testimony provided (clinical opinion, actuarial scale, psychopathy evaluation) and the age of the victims (adult versus child) were manipulated. Consistent with prior research, despite overall high rates of support for commitment in the adult victim condition, men were less prone than women to support civil commitment when the defendant was described as "a psychopath" (62.5 versus 86.5%). No such gender differences were noted in the clinical opinion or actuarial conditions. When the victims were identified as children, type of testimony had no impact because support for commitment was almost unilateral. Finally, ratings of how psychopathic the defendant was perceived to be (regardless of the testimony provided) were significantly associated with support for commitment across most conditions.

Psychopathy in children and adolescents: the need for a developmental perspective

The current paper introduces the special issue on research attempting to extend the construct of psychopathy to child and adolescent samples. Past special sections and reviews have typically focused on the implications of this research for forensic research and practice. The current special issue focuses on topics relevant for integrating this research within the broader literature on childhood psychopathology. Papers included in this special issue focus on the structure of psychopathic traits in youth, the relation of these traits to other important psychopathological and personality constructs in children and adolescents, and the utility of these traits for identifying a distinct subgroup of antisocial youth who differ on important cognitive processes and on the severity and stability of their problem behavior. These empirical works are followed by commentary provided by two prominent scholars who outline the potential importance of the construct for advancing our understanding of childhood psychopathology. In addition, these scholars provide a discussion of important directions for future research.

Psychopathy, conduct disorder, and stigma: does diagnostic labeling influence juvenile probation officer recommendations?

This study investigated the potential influence of labeling a juvenile as psychopathic. Juvenile probation officers (JPOs; N = 260) rendered hypothetical recommendations based on eight mock psychological evaluations. The evaluations varied the presence of two diagnostic criteria (antisocial behavioral history and psychopathic personality traits) and diagnostic labels (psychopathy, conduct disorder, no diagnosis) in order to distinguish criterion effects from labeling effects. The diagnostic criteria of antisocial behavior had a substantial effect on JPO recommendations (effect sizes .50-.79), while the diagnostic criteria of psychopathic personality traits had a more limited effect. Surprisingly, diagnostic labels had little effect, and there were no appreciable differences between conduct disorder and psychopathy diagnoses. These findings illustrate the importance of distinguishing diagnostic criterion effects from diagnostic labeling effects.

Predictions of future dangerousness in capital murder trials: is it time to "disinvent the wheel"?

Although recent U.S. Supreme Court decisions regarding the death penalty (e.g., Atkins v. Virginia, 2002) have renewed interest in mental health issues, one topic that has not received much attention recently is the ongoing use of expert testimony to support claims that defendants represent a "continuing threat to society." In this article, we (a) review prior research relevant to determining the accuracy of clinical predictions that capital defendants will commit future acts of criminal violence; (b) summarize new data from current and former death row inmates in Texas that bolster the claim that such predictions are gross overestimates of risk; and (c) review extant research addressing the potential utility of various risk assessment instruments that increasingly are being used to reinforce clinical predictions in capital trials. Despite significant recent advances in the field of risk assessment, clinical assertions that a defendant is likely to commit future violent acts appear to be highly inaccurate and ethically questionable at best. Moreover, available research offers little support for the claim that the accuracy of these predictions will be appreciably improved by relying on more structured risk assessment measures that have some demonstrated predictive validity in other contexts.

The impact of mental health evidence on support for capital punishment: are defendants labeled psychopathic considered more deserving of death?

Controversy surrounds the use of the Hare Psychopathy Checklist--Revised (Hare, 1991, 2003) in capital murder cases, where it has been introduced to support prosecution claims that a defendant represents a "continuing threat to society". Although widely presumed to have a prejudicial impact (e.g., American Psychological Association, 2004), little is known about how the lay public reacts to data derived from ostensibly stigmatizing assessment instruments such as the PCL-R. The present study examined the effect of psychopathy data on layperson attitudes by having 203 undergraduates review a capital murder case where the results of the defendant's psychological evaluation were experimentally manipulated. When expert testimony described the defendant as psychopathic, a much larger percentage of participants supported a death sentence (60%) than when testimony indicated that he was psychotic (30%) or not mentally disordered (38%). Interestingly, participant ratings of how psychopathic they perceived the defendant to be--regardless of the testimony condition to which they had been assigned--also predicted support for a death sentence. Given the limited probative value of the PCL-R in capital cases and the prejudicial nature of the effects noted in this study, we recommend that forensic examiners avoid using it in these trials.