The Societal Response to Psychopathy in the Community

• Author: Marko Jurjako,Luca Malatesti,Inti A. Brazil
• DOI: http://doi.org/10.1177/0306624X211023918
• Published date: 01 November 2022
• Date: 01 November 2022
• Subject Matter: Articles

https://doi.org/10.1177/0306624X211023918

International Journal of

Offender Therapy and

Comparative Criminology

2022, Vol. 66(15) 1523 –1549

© The Author(s) 2021

Article reuse guidelines:

sagepub.com/journals-permissions

DOI: 10.1177/0306624X211023918

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Article

The Societal Response

to Psychopathy in the

Community

Marko Jurjako1* , Luca Malatesti1* ,

and Inti A. Brazil2,3

Abstract

The harm usually associated with psychopathy requires therapeutically, legally, and

ethically satisfactory solutions. Scholars from different fields have, thus, examined

whether empirical evidence shows that individuals with psychopathic traits satisfy

concepts, such as responsibility, mental disorder, or disability, that have specific

legal or ethical implications. The present paper considers the less discussed issue

of whether psychopathy is a disability. As it has been shown for the cases of the

responsibility and mental disorder status of psychopathic individuals, we argue that it

is undecided whether psychopathy is a disability. Nonetheless, based on insights from

disability studies and legislations, we propose that interventions to directly modify

the propensities of individuals with psychopathic tendencies should be balanced

with modifications of the social and physical environments to accommodate their

peculiarities. We also suggest how this social approach in some practical contexts

that involve non-offender populations might be effective in addressing some of the

negative effects of psychopathy.

Keywords

disability, neuropsychological impairment, psychopathy, societal response, forensic

philosophy

1Faculty of Humanities and Social Sciences, University of Rijeka, Croatia

2Donders Institute for Brain, Cognition and Behaviour, Radboud University, Nijmegen, The Netherlands

3Forensic Psychiatric Centre Pompestichting, Nijmegen, The Netherlands

*These authors should be considered as equal first co-authors.

Corresponding Author:

Luca Malatesti, Department of Philosophy, Faculty of Humanities and Social Sciences, University of

Rijeka, Sveučilišna Avenija 4, Rijeka 51000, Croatia.

Email: lmalatesti@ffri.hr

1023918IJOXXX10.1177/0306624X211023918International Journal of Offender Therapy and Comparative CriminologyJurjako et al.

research-article2021

1524 International Journal of Offender Therapy and Comparative Criminology 66(15)

Introduction

Eliminating, reducing, and preventing the harm that is caused by individuals who sys-

tematically engage in socially disruptive acts pose serious and pressing challenges.

This is certainly the case for individuals with psychopathic features. Psychopathy

refers to a personality construct that is characterized by interpersonal, affective, and

behavioral deficits. Typically, individuals with high levels of psychopathy are

described as callous, remorseless, affectively shallow, impulsive, and as exhibiting

manipulative and deceitful interpersonal styles (Skeem et al., 2011). These individuals

are characterized by pervasive antisocial behavior that harms other people (Hare,

2003). Their low affectivity and the tendency to manipulate and take advantage of

others, and the use of aggression and violent behavior to accomplish their goals, cause

emotional and material damage to their unfortunate victims (Brazil et al., 2021;

Garofalo et al., 2020; Reidy et al., 2015). Studies indicate that psychopathic traits are

significantly associated with criminal behavior, violent and sexual offending, and

homicide (Dhingra & Boduszek, 2013; Fox & DeLisi, 2019). Moreover, offenders

with high levels of psychopathy are disproportionately more prone to recidivate with

violent crimes than non-psychopathic offenders (Anderson et al., 2018; Hemphill

et al., 1998; Kennealy et al., 2010; Leistico et al., 2008; Olver et al., 2014; Walters

et al., 2011).

In recent years, the study of psychopathy has expanded beyond the offender popu-

lations. Research has shown that psychopathic traits can be found among the general

population as well, albeit to a less severe extent (Ray & Fritzon, 2020). Nonetheless,

studies in this area indicate that individuals with heightened psychopathic traits harm

people, disrupt different kinds of human interactions and relationships, and generally

cause personal and social damage in everyday life (Babiak & Hare, 2006; Babiak

et al., 2010; Boddy, 2010; Kardum et al., 2017; Mathieu 2021; Mathieu & Babiak

2016; Mooney et al., 2019).

Individuals with high levels of psychopathy seem to be harmed by their own tenden-

cies too. Some studies indicate that psychopathic traits are associated with reduced

self-reported ratings of personal well-being and life satisfaction (Aghababaei &

Błachnio, 2015; Love & Holder, 2014). More generally, they might suffer punitive

restrictions of freedom because of their antisocial behavior and tendencies. In addition,

their impulsivity and low affectivity are associated with lower prospects for learning,

leading a productive social life, and establishing meaningful relationships, such as

friendships or enduring romantic relations (Nadelhoffer & Sinnott-Armstrong, 2013).

Several types of research, concentrating mostly on the offender population, have

addressed the challenge that is posed by the harmfulness of psychopathy. Theoretical

and empirical investigations on the nature and causes of psychopathy to devise effec-

tive interventions are fundamental (Brazil et al., 2018; Jurjako et al., 2020). However,

also are relevant investigations of ethical and legal norms or principles, that should

determine appropriate social or clinical responses to the harm caused by individuals

with elevated psychopathic traits.

There are different normative investigations on how laws and ethical recommenda-

tions should apply to individuals with psychopathy. The bulk of the debate concerns