Literature DB >> 21105938

Proposition: a personality disorder may nullify responsibility for a criminal act.

Robert Kinscherff1.   

Abstract

This article argues in support of the proposition that "A Personality Disorder May Nullify Responsibility for a Criminal Act." Building upon research in categorical and dimensional controversies in diagnosis, neurocognitive science and the behavioral genetics of mental disorders, and difficulties in differential diagnosis and co-morbidity with personality disorders, this article holds that a per se rule barring personality diagnosis as a basis for a defense of legal insanity is scientifically and conceptually indefensible. Rather, focus should be upon the severity and impact in specific cases of any legally relevant functional deficits arising from a mental disorder (including personality disorders). Failure to do so risks potentially misleading "battles of the experts" about a defendant's diagnosis in criminal responsibility defenses and improper usurpation of the role of the legal finder of fact as mental health expert witnesses are inserted as gatekeepers indefensibly based upon diagnosis. Implications for practice and public policy are considered, including a "modest proposal" for post-trial management of defendants found not guilty by reason of insanity on the basis of functional deficits arising from personality disorder.
© 2010 American Society of Law, Medicine & Ethics, Inc.

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Year:  2010        PMID: 21105938     DOI: 10.1111/j.1748-720X.2010.00528.x

Source DB:  PubMed          Journal:  J Law Med Ethics        ISSN: 1073-1105            Impact factor:   1.718


  1 in total

Review 1.  Personality disorders at the interface of psychiatry and the law: legal use and clinical classification.

Authors:  Sally C Johnson; Eric B Elbogen
Journal:  Dialogues Clin Neurosci       Date:  2013-06       Impact factor: 5.986

  1 in total

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