b. Basic Principles.

• Jurisdiction: Arizona

i. Editor’s Note: For a discussion on causation and sufficiency of the evidence as these topics apply to mental impairments generally, see Section 34(a).

ii. Personality Disorders as Statutory Mitigation.

(1) Generally.

(a) In Richmond, in considering whether sociopathy could satisfy the statutory standard, the Court ruled that character and personality disorders, which the Court saw as including sociopathy, could not. 114 Ariz. at 198-99.

(b) A mere character or personality disorder alone is generally insufficient to constitute a statutory mitigating factor. Brewer, 170 Ariz. at 505; accord Wood, 180 Ariz. at 71; Stokley, 182 Ariz. at 521; Murray, 184 Ariz. at 42; Smith, 193 Ariz. at 462; Kayer, 194 Ariz. at 437, ¶ 49.

(c) A mental illness or psychological defect must usually exist before significant impairment is found. Rudi Apelt, 176 Ariz. at 377; accord Stokley, 182 Ariz. at 521-22; Murray, 184 Ariz. at 42.

(2) Rationale.

(a) Character and personality disorders differ in degree from “a slow, dull, brain-damaged” defendant whose judgment and rationality are marginal. Walton, 159 Ariz. at 588; accord Brewer, 170 Ariz. at 505.

(b) Mental impairments have a far greater mitigating effect because

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