ABSTRACT

This chapter addresses the absence by discussing the legal issues in which psychopathy has been raised. It examines the application of psychopathy to the pertinent legal issues. The chapter discusses a number of professional and ethical issues that arise when providing information to the courts. It focuses on matters pertaining to criminal law, and the also addresses aspects of civil or private law. Although it was remanded back to the lower court on other issues, the Crowston v. Goodyear Tire case highlights the dilemma over the propriety of raising the concept of psychopathy in court. Most cases involving psychopathy occur within the criminal law context. If indeed psychopathy does qualify as a mental disease or disorder, psychopaths might be found to satisfy the necessary cognitive or volitional impairments and, hence, escape criminal liability. Some Psychopathy Checklist psychopaths meet the legal criteria for a sexual psychopath, and some sexual psychopaths do not meet the criteria for psychopathy.