A new legal treatment for psychopaths? Perplexities for legal thinkers

Assessing the validity of self-report of psychopathy short-form (SRP-SF) in incarcerated offenders from Chile and Uruguay

Psychopathy remains a relatively unexplored concept in Latin America. The abbreviated Self-Report Psychopathy Scale (SRP-SF) seems promising in this under-resourced context. However, the SRP-SF should be tested for measurement invariance to achieve meaningful comparison across countries in Latin America. Therefore the aims of this study were to examine the underlying factor structure of the SRP-SF in incarcerated adult male offenders from Uruguay (n = 331) and Chile (n = 208), to examine the measurement invariance of the SRP-SF across countries, and to assess the utility of SRP-SF to classify first time offenders from offenders with criminal history. Findings showed a good fit for the four-factor model in Uruguay, and both Chile and Uruguay showed invariance. Conversely, the Interpersonal and Affective factors were not associated with criminal history in the Uruguayan sample. Therefore, more studies are needed before using the SRP-SF as screening tool to classify first-time offenders and reoffenders in different countries in Latin America.

Is it good to be bad? An evolutionary analysis of the adaptive potential of psychopathic traits

Although psychopathy is widely conceptualised as a mental disorder, some researchers question the maladaptive nature of psychopathy, and argue that it might be advantageous from an evolutionary point of view. According to this view, psychopathy can be seen as an evolutionary adaptative strategy that relies on deception and manipulation to gain short-term reproductive benefits. Psychopathy is also identified as a fast life strategy in response to early life stress and an adaptation to harsh environments. This paper investigates the evidence that psychopathic traits are adaptive, while also addressing the limitations of current evolutionary models of psychopathy based on frequency-dependent selection and life history theory. We review recent studies on the fitness correlates of psychopathy and find that psychopathic traits present potential adaptive trade-offs between fertility and mortality, and offspring quantity and quality. On a proximate level, individual differences in stress reactivity and environmental risk factors in early development predispose to psychopathy through gene-environment interactions. We propose that environmental, developmental, social and cultural factors can mediate the relationship between psychopathic traits and fitness and therefore should be considered to make accurate predictions on the adaptive potential of psychopathy. We end by outlining gaps in the literature and making recommendations for future evolutionary research on psychopathy.

The insanity defence without mental illness? Some considerations

In this paper we aim to offer a balanced argument to motivate (re)thinking about the mental illness clause within the insanity defence. This is the clause that states that mental illness should have a relevant causal or explanatory role for the presence of the incapacities or limited capacities that are covered by this defence. We offer three main considerations showing the important legal and epistemological roles that the mental illness clause plays in the evaluation of legal responsibility. Although we acknowledge that these advantages could be preserved without having this clause explicitly stated in the law, we resist proposals that deny the importance of mental illness in exculpation. We argue, thus, that any attempt at removing the mental illness clause from legal formulations of the insanity defence should offer alternative ways of keeping in place these advantages.