Describing, diagnosing, and naming psychopathy: how do youth psychopathy labels influence jurors?

Same Score, Different Audience, Different Message: Perceptions of Sex Offense Risk Depend on Static-99R Risk Level and Personality Factors of the Recipient

There are multiple ways to report risk scale results. Varela et al. (2014) found that Static-99R results were interpreted differently by prospective jurors based on risk level (high vs low) and an interaction between risk level and risk communication format (categorical, absolute estimate, and risk ratio). We adapted and extended Varela et al.'s (2014) study using updated Static-99R norms, recruiting a population-wide sample (n = 166), and adding variables assessing the personality factors 'cognitive motivation' (i.e., need for cognition) and 'attitudinal affect' (i.e., attitudes toward sex offenders, authoritarianism). We found a main effect of risk level and no effect of either communication format or the interaction between the two. Adding the personality variables increased explained variance from 9% to 34%, suggesting risk perception may be more about the personality of the person receiving the information than the information itself. We also found an interaction between attitudes toward sex offenders and risk level. Our results suggest risk perception might be better understood if personality factors are considered, particularly attitudes toward sex offenders. Because biases/personality of the person receiving the information are unknown in real world settings we argue that sharing multiple methods for communicating risk might be best and more inclusive.

Some critical considerations in applying the construct of psychopathy to research and classification of childhood disruptive behavior disorders

The recent inclusion of callous-unemotional traits in the diagnostic criteria for serious conduct problems has led to renewed interest in more comprehensive integrations of the construct of psychopathy into research and clinical classification of childhood disruptive behavior disorders. There have been a number of recent reviews of research focusing the many potential benefits for this integration. However, there are also a number of issues that could reduce these benefits and even potentially lead to harmful effects. The current paper focuses on several of these issues, some of which are common when attempting to integrate research findings across areas that have been conducted independently of each other. Other issues are more specific to the construct of psychopathy. Specifically, the current paper focuses on the lack of agreement on the necessary and sufficient dimensions needed to define psychopathy, the need to consider developmental relationships among these dimensions, the implications of the different associations among the dimensions of psychopathy with conduct problems in children and adolescents, the need to consider how these dimensions relate to existing constructs used in the classification of disruptive behavior disorders, and the potential harmful effects of labeling something "a dimension of psychopathy". These issues have several clear implications for using the construct of psychopathy to guide research on and diagnostic classification of childhood disruptive behavior disorders.

Psychopathy

Psychopathy is a personality disorder characterized by a constellation of affective, interpersonal, lifestyle and antisocial features whose antecedents can be identified in a subgroup of young people showing severe antisocial behaviour. The prevalence of psychopathy in the general population is thought to be ~1%, but is up to 25% in prisoners. The aetiology of psychopathy is complex, with contributions of both genetic and environmental risk factors, and gene-environment interactions and correlations. Psychopathy is characterized by structural and functional brain abnormalities in cortical (such as the prefrontal and insular cortices) and subcortical (for example, the amygdala and striatum) regions leading to neurocognitive disruption in emotional responsiveness, reinforcement-based decision-making and attention. Although no effective treatment exists for adults with psychopathy, preliminary intervention studies targeting key neurocognitive disturbances have shown promising results. Given that psychopathy is often comorbid with other psychiatric disorders and increases the risk of physical health problems, educational and employment failure, accidents and criminality, the identification of children and young people at risk for this personality disorder and preventative work are important. Indeed, interventions that target the antecedents of psychopathic features in children and adolescents have been found to be effective.

Is a Rose Really Just as Sweet? Editorial: On Becoming "Research on Child and Adolescent Psychopathology"

The current editorial outlines the reasoning that went into changing the name of the Journal of Abnormal Child Psychology to Research on Child and Adolescent Psychopathology. Connotations of the term "abnormal" have changed, since it was first used for the journal title in 1973. It is now frequently interpreted as describing the person, and not the condition that he or she has. It also does not currently promote the view that the person needs professional intervention but is often interpreted as indicating that the person is defective in some way. The new name of the journal was not intended to promote any single way of conceptualizing mental health problems but to provide a name that captures the significant distress and impairment experienced by persons with serious psychological difficulties, recognizes the need for professional intervention for these individuals, and attempts to minimize potential harmful effects of labelling. This name change is embedded in a broader appeal for mental health professionals to be sensitive to how labels can reinforce the stigma associated with mental health problems and to work to change the stigma that is associated with such problems in most modern societies.

An exploration of individual differences in a sample of youth charged with violent sexual and non-sexual crimes

Youth who engage in violent crime, including sexual offences, remain understudied. Research conducted on adults suggests that factors linked to antisocial and violent behaviour may enhance the current understanding of sexual offences. These factors include a consideration of how dark personality traits (such as psychopathy) and childhood maltreatment may inform the likelihood of sexual offending. Utilizing a sample of juvenile alleged violent offenders (n = 113), the present study examines the construct of adolescent psychopathy, with abuse as a potential moderator, in relation to offence perpetration. Contrary to some of the literature on adults, the findings indicate that neither psychopathy nor experience of abuse differentiates sexual from non-sexual violent offenders. They also suggest that scoring higher on psychopathy relates to violence more broadly. The importance of tailored programming for youth who may be at risk of offending or who require treatment in the justice system is explored.

The Brain of Dexter Morgan: the Science of Psychopathy in Showtime's Season 8 of Dexter

This article identifies and discusses on the ways in which biological influences to psychopathy are thematically portrayed in the eighth season of Dexter to describe Dexter's psychopathy, particularly focusing on fatalism and the inevitability of succumbing to one's "biological self." This paper, utilizing traditional content analysis, focuses on seven qualitative themes surrounding "biological fatalism" and psychopathy in this final season of Dexter. As lay theories of psychopathy are thought to originate from the media's conceptualization of the disorder, such thematic portrayals serve to potential affect lay understandings of psychopathy and correspondingly, how the disorder is treated and perceived in the criminal justice process as a modern psychopathy-related "CSI Effect." The conclusion focuses on the messages that this final season of Dexter sends to the lay public about the biological influences to psychopathy and how this may create implications for the criminal justice system.

Perceptions of waived juvenile defendants across mental health diagnoses and demographic characteristics

Justice involved youth who present with diagnosable mental health issues are commonly prosecuted in criminal courts. Limited research has examined how jurors perceive and respond to transferred juveniles with mental health issues. For the current study, 252 mock jurors were randomly assigned to read one of six profiles (i.e., White male, White female, Black male, Black female, Latino, and Latina) and report culpability, deserved punishment, behavior regulation, and dangerousness for juveniles diagnosed with conduct disorder, major depressive disorder, attention deficit hyperactivity disorder, schizophrenia, and described with antisocial traits/behaviors. A schizophrenia diagnosis was associated with less blame, punishment, and capacity for behavior regulation. A description of antisocial traits/behaviors was associated with more blame, punishment, capacity for behavior regulation, and dangerousness. White juveniles described with antisocial traits were considered more blameworthy and deserving of punishment than Latinos. Considering the temporary nature of adolescent antisocial personality characteristics, jurors should have greater awareness of the maturation process.

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.

Mock Juror Perceptions of Credibility and Culpability in an Autistic Defendant

One-hundred-and-sixty jury-eligible participants read a vignette describing a male who was brought to the attention of police for suspicious and aggressive behaviours and displayed atypical behaviours in court. Half of participants were informed that he had autism spectrum disorder (ASD) and were given background information about ASD; the other half received no diagnostic label or information. The provision of a label and information led to higher ratings of the defendant's honesty and likeability, reduced blameworthiness, and resulted in fewer guilty verdicts, and more lenient sentencing. Thematic analysis revealed that participants in the label condition were more empathetic and attributed his behaviours to his ASD and mitigating factors, while participants in the No label condition perceived the defendant as deceitful, unremorseful, rude and aggressive.

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.

Alzheimer's disease and the law: positive and negative consequences of structural stigma and labeling in the legal system

OBJECTIVE

To explore the meaning and consequences of labeling on structural stigma in the context of Alzheimer's disease (AD) in the legal system.

METHOD

This qualitative study was made up of three focus groups including social workers and lawyers (n = 26). Participants were asked to report their experience in circumstances in which persons with AD and their family members engage with the legal system. Thematic analysis using the constant comparative method was used.

RESULTS

The discussions in the focus groups raised two overall themes. (1) The significance of the medical diagnostic labeling of AD in the legal system and (2) the consequences of labeling of AD within the legal system. This last theme included four sub-themes: (a) negative consequences of labeling; (b) reasons associated with negative consequences of labeling; (c) positive consequences of labeling; and (d) reasons associated with positive consequences of labeling.

CONCLUSION

Findings of the study provide a first foundation for future research on the meaning and consequences of labeling in legal cases involving persons with AD. They suggest that increasing judges' knowledge about AD and reforming the existing 'status-based' legal capacity legislation might benefit by limiting the legal weight given today to the medical diagnosis.

Psychopathy Checklist-Revised Use and Reporting Practices in Sexually Violent Predator Evaluations

We surveyed evaluators who conduct sexually violent predator evaluations ( N = 95) regarding the frequency with which they use the Psychopathy Checklist-Revised (PCL-R), their rationale for use, and scoring practices. Findings suggest that evaluators use the PCL-R in sexually violent predator cases because of its perceived versatility, providing information about both mental disorder and risk. Several findings suggested gaps between research and routine practice. For example, relatively few evaluators reported providing the factor and facet scores that may be the strongest predictors of future offending, and many assessed the combination of PCL-R scores and sexual deviance using deviance measures (e.g., paraphilia diagnoses) that have not been examined in available studies. There was evidence of adversarial allegiance in PCL-R score interpretation, as well as a "bias blind spot" in PCL-R and other risk measure (Static-99R) scoring; evaluators tended to acknowledge the possibility of bias in other evaluators but not in themselves. Findings suggest the need for evaluators to carefully consider the extent to which their practices are consistent with emerging research and to be attuned to the possibility that working in adversarial settings may influence their scoring and interpretation practices.

How Media Exposure Relates to Laypersons' Understanding of Psychopathy

While conceptualization of psychopathy has evolved, so too has the public's relationship with psychology changed. Concurrently, portrayal of psychopaths has made several shifts, both through nonfiction sources and in popular film and television. Psychopathic villains of the mid-20th century have made space for a growing cast of protagonist psychopaths. This study examined whether a relationship existed between exposure to fictional psychopaths and how lay individuals conceptualize psychopathy. Specifically, this study explored conceptualization differences based on exposure to antagonist versus protagonist fictional psychopaths. Surveyed community participants supported earlier research suggesting mixed misunderstanding of psychopathy. Additionally, higher exposure to protagonist psychopaths was associated with higher endorsement of flattering distractor traits, reflecting a kind of romanticized psychopathy. These findings have legal, practical, and ethical implications, including the potential for biased jurors, confounded research about psychopathy's labeling effect, and questions about how psychologists should respond on an individual and systemic level.

"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.

Preventative detention decisions: reliance on expert assessments and evidence of partisan allegiance within the Canadian context

The purpose of this study was to examine judges' written reasons for sentencing in preventative detention hearings and the expert risk assessment reports presented, to determine the level of reliance placed on expert risk assessment reports and to examine the presence of partisan allegiance within the Canadian context. Results demonstrated that judges' decisions were consistent with expert assessments in terms of risk, treatment amenability, and risk management. Experts' ratings of treatment amenability and risk management were also significant predictors of the designation outcome, indicating that judges rely on this information in making their final decision. Finally, there was evidence of partisan allegiance, with prosecution-retained Psychopathy Checklist-Revised scores being significantly higher than defense-retained experts' scores. The results have implications for the development of consistent guidelines for the communication of risk, treatment amenability, and management information.

Psychological and behavioral adjustment in female youths with high or low psychopathic traits

The aim of the present study was to analyze the role of psychopathic traits in female juvenile delinquency. Using a sample of 236 young females from the Juvenile Detention Centers of the Portuguese Ministry of Justice and schools in the Lisbon area, a group of female youths with high psychopathic traits (n=118; M=15.84 years of age; range=14-18 years of age) and a group of female youths with low psychopathic traits (n=118; M=15.77 years of age; range=14-18 years of age) were formed based on the Portuguese version of the Antisocial Process Screening Device-Self-report (APSD-SR). The results showed that young females with high psychopathic traits start engaging in criminal activities and come into contact with the justice system earlier in life; exhibit higher levels of behavioral problems, conduct disorder, delinquent behaviors and serious criminality; and demonstrate lower levels of self-esteem and pro-social behavior. The importance of some variables in predicting group membership (high versus low psychopathic traits) was established through a binary logistic regression. Our findings reinforce the importance of the psychopathy construct for the early identification of potentially high-risk female youths and for the assessment of female youths who have already come into contact with the judicial system.

Structural coherence and temporal stability of psychopathic personality features during emerging adulthood

Psychopathy is a complex personality disorder characterized by affective, interpersonal, and behavioral dimensions. Although features of psychopathy have been extended downwardly to earlier developmental periods, there is a discerning lack of studies that have focused on critically important issues such as longitudinal invariance and stability/change in these features across time. The current study examines these issues using a large sample of male adolescent offenders (N = 1,170) assessed across 7 annual time points during the transition into emerging adulthood (ages ∼17 to 24 years). Findings demonstrated that features of psychopathy remained longitudinally invariant across this developmental period, and showed temporally consistent and theoretically coherent associations with other measures of personality, psychopathology, and criminal behaviors. Results also demonstrated that mean levels of psychopathic personality features tended to decrease into emerging adulthood and showed relatively modest rank-order stability across assessments with 7-year lags. These findings suggest that reductions in maladaptive personality features seem to parallel the well-documented decreases in offending that occur during the early 20s.

The impact of DSM-5's alternative model for personality disorders on criminal defendants

The Diagnostic and Statistical Manual of Mental Disorders (DSM-5) workgroup on personality disorders initially proposed several revisions to diagnostic criteria and disorder labels, some of which could have had a direct impact on the perception and sentencing of criminal defendants. The recent publication of the DSM-5 included these revisions in an appendix for future research, indicating that the revised criteria require additional research before implementation. This study examined how the proposed changes, if implemented, might affect jury members' sentencing recommendations and perceptions of the defendant. Participants read vignettes in which diagnostic label (antisocial personality disorder vs. dyssocial personality disorder vs. psychopathy) and crime type (white collar vs. violent crime) were manipulated. Results suggest that participants perceived white collar offenders more negatively than violent offenders, and were generally more influenced by crime type than diagnosis. The diagnostic label was most influential on recidivism ratings and participants' perceptions of violent offenders.

Views on the diagnostic labels of autism and Asperger's disorder and the proposed changes in the DSM

With the approaching release of the DSM V in 2013, there has been much debate about the proposal to remove the diagnostic label of Asperger's disorder from the new DSM. This study explored how health and education professionals perceive the conditions of autism and Asperger's disorder and their views on the proposed diagnostic changes. Analysis of the 547 participant responses confirmed an increase stigma is associated with the label of autism, with autism considered to be a more severe than the condition of Asperger's disorder. Approximately half of the participants reported being opposed to proposed diagnostic changes and of the remaining participants, 22% supported the proposed changes and 28% expressed uncertainty.

Forensic aspects and assessment of school bullying

This article describes school's obligations related to bullying behavior, the assessment of bullying students and their victims, the evaluation of claimed damages due to bullying, and potential interventions for both individuals and school systems to reduce the frequency of bullying behavior. This article assists evaluators when assessing youth who are involved in bullying behavior, either as victims or perpetrators. Key areas highlighted include an overview of bullying behaviors, legal issues related to a school's responsibility in preventing or curtailing bullying behaviors, important components of a bullying assessment, and proposed interventions to minimize bullying.

The effect of the Psychopathy Checklist--Revised in capital cases: mock jurors' responses to the label of psychopathy

Despite mixed empirical evidence regarding the ability of the Psychopathy Checklist - Revised (PCL-R) to predict violence among incarcerated inmates, it continues to be used to address such questions, even in the context of capital cases. The purpose of this study was to examine if the PCL-R has a prejudicial effect on mock jury members during the sentencing phase of a capital murder trial. Results indicated that participants were more likely to sentence the defendant to death when the defendant exhibited a high likelihood to commit future violence, whether or not the diagnostic label "psychopath" was present. Interestingly, when asked to rate the defendant's likelihood for future violence and murder, the defendant who was a high risk for future violence and not labeled a psychopath received the highest rating. These results suggest an absence of juror bias as it pertains to the label "psychopath" when sentencing a defendant in a capital murder case.

Assessing violence risk and psychopathy in juvenile and adult offenders: a survey of clinical practices

This study surveyed 199 forensic clinicians about the practices that they use in assessing violence risk in juvenile and adult offenders. Results indicated that the use of risk assessment and psychopathy tools was common. Although clinicians reported more routine use of psychopathy measures in adult risk assessments compared with juvenile risks assessments, 79% of clinicians reported using psychopathy measures at least once in a while in juvenile risk assessments. Extremely few clinicians, however, believe that juveniles should be labeled or referred to as psychopaths. Juvenile risk reports were more likely than adult reports to routinely discuss treatment and protective factors, and provide recommendations to reevaluate risk. The implications of these findings are discussed.