PSYCHOLOGICAL TRAIT for reference of students

FAKULTI
UNDANG-UNDANG
___________
faculty of law
MCJ - SOCIOLOGY OF CRIME
5. PSYCHOLOGICAL
TRAIT THEORIES

CAUSE/
CAUSES?
FAKULTI
UNDANG-UNDANG
___________
faculty of law
ANGER
PHYSICAL ATTACK
VIOLENCE
5. PSYCHOLOGICAL TRAIT THEORIES
THE BRAIN
THE MIND
NEUROLOGICAL
PATHOLOGICAL
+
PSYCHOLOGICAL DISORDER
PERSONALITY
PSYCHOLOGY
MEDICAL - PSYCHIATRY
MEDICAL - BIOLOGICAL
PSYCHO-SOCIAL
PSYCHO-BIO - SOCIAL

FAKULTI
UNDANG-UNDANG
___________
faculty of law
‘PSYCHOLOGICAL’
CONDITION
COMMISSION OF
CRIME
BEHAVIOUR
PROPENSITY?
DEGREE OF
RESPONSIBILITY
@ MENTAL
CULPABILITY?
CRIMINALITY ?
IRRATIONAL ?
RATIONAL ?

FAKULTI
UNDANG-UNDANG
___________
faculty of law
‘PSYCHOLOGICAL’
CONDITION/TRAIT
COMMISSION OF
CRIME
BEHAVIOUR
CRIMINAL JUSTICE
RESPONSE
TREATMENT
PUNISHMENT
INTERNAL CAUSAL
FACTORS
EXTERNAL CAUSAL
FACTORS
e.g childhood abuse

FAKULTI
UNDANG-UNDANG
___________
faculty of law
PSYCHOLOGICAL
CONDITION
SCHIZOPHRENIA
(psychiatric/ mental
health disorder)
COMMISSION OF
CRIME
MURDER
BEHAVIOUR
HALLUCINATION
CRIMINAL JUSTICE
RESPONSE
INSANITY
 DETENTION +
TREATMENT

FAKULTI
UNDANG-UNDANG
___________
faculty of law
PSYCHOLOGICAL
CONDITION
PSYCHOPATHY
(anti-social
personality disorder)
COMMISSION OF
CRIME
MURDER
BEHAVIOUR
X EMPATHY
CRIMINAL JUSTICE
RESPONSE
RATIONAL?
INSANE?
DETENTION
TREATMENT

FAKULTI
UNDANG-UNDANG
___________
faculty of law
psychological disorder
or mental disorder?
Diagnostic and Statistical Manual of Mental
Disorders, Fifth Edition(DSM-5
Section II: diagnostic criteria and codes
• Neurodevelopmental disorders
• Schizophrenia spectrum and other psychotic
disorders
• Bipolar and related disorders
• Depressive disorders
• Anxiety disorders
• Obsessive-compulsive and related disorders
• Trauma- and stressor-related disorders
• Dissociative disorders
• Somatic symptom and related disorders
• Feeding and eating disorders
• Elimination disorders
• Sleep–wake disorders
• Sexual dysfunctions
• Gender dysphoria
• Disruptive, impulse-control, and conduct
disorders
• Substance-related and addictive disorders
• Neurocognitive disorders
• Personality disorders
• Paraphilic disorders

FAKULTI
UNDANG-UNDANG
___________
faculty of law

FAKULTI
UNDANG-UNDANG
___________
faculty of law
Psychodynamic or psychoanalytic perspective
Origin – Sigmund Freud (1856 – 1939)
adult carry residues of the most significant emotional attachments of childhood which then guides their
future interpersonal relationships.
Freud’s – 3 part structure of human personality
the id
inborn,
unconscious biological drive – food, sex, life sustaining necessities.
The id seek instance gratification without the concern for the rights of others
ego
develop early in life – when a child begin to learn that his or her wishes cannot be
instantly gratified.
The ego is part of the personality that compensates for the demands of the ids by helping
individual guide his actions to remain within the boundaries of social convention
superego
incorporation of moral standards an values of parent , society, peers moral aspects of
personality; how individual gauge their behaviour

FAKULTI
UNDANG-UNDANG
___________
faculty of law
Psychodynamics of criminal behaviour
• Psychodynamic theorists view criminals as id-dominated persons who suffer from one
or more disorders that render them incapable of controlling impulsive, pleasure
seeking drives.
• The Psychodynamic model of the criminal offender depicts an aggressive frustrated
person dominated by events that occurred in early childhood
• E.g. unhappy childhood  lack love/care  weak/damaged egos (immaturity, poor
social skills…)  unable to cope with conventional society.
• Weak ego  easily led into crime by antisocial peers/influence or underdeveloped
superego: lack models of behaviours not acceptable to society.
• Crime is a manifestation of feelings of oppression and people’s inability to develop
the proper psychological defences and rationales to keep feelings under
control.
• Criminality – produce psychic results  help them to survive; feel free/independent;
excitement; emotional fulfilment.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. Psychodynamic theory - Crime and metal illness
• Psychodynamic theory suggests a linkage between mental illness and crime
• Some research has shown that abnormal mental condition (mental illness) could have
contributed to serious, violent crimes.
• Note psychosis crime.
• Studies show – murder – by adolescent males – 75% due to metal illness (including
schizophrenia)
• See also studies re infanticide by mothers with mood/personality disorders.
BUT avoid the conclusion
that all criminals (especially serious offences) have psychological issues (research
has shown that the great majority of known criminals are not mentally ill)
that people with mental health issues are very likely to commit crime upon others.
NOTE: social factors – e.g difficulty in finding employment  may explain involvement in
crime by people with mental health issues. [psycho-social factors]

FAKULTI
UNDANG-UNDANG
___________
faculty of law
PAUSE!
NOT ALL INDIVIDUALS
WITH PSYCHOLOGICAL
ISSUES ARE
CRIMINALS/POTENTIAL
CRIMINALS
NOT ALL CRIMINALS HAVE
PSYCHOLOGICAL ISSUES

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. Psychodynamics of abnormal behaviour
Psychodynamic theory originally refer to (or use the term)
a. neurotic
- refer to people who experience feelings of mental anguish and feared that they were
losing control of their personalities.
b. Psychotic
- a personality marked by a complete loss of control over the id, characterised by
delusions, hallucinations and sudden mood shifts.
* these term been replaced by the term disorder.
(mood disorder, anxiety disorder, conduct disorder)
e.g schizophrenia
sufferers have illogical, incoherent thought processes and lack insight into their
behaviour. They may experience delusions and hallucination
 serial killers – heard voices.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. Psychosis is a generic psychiatric term for a mental state often described as
involving a "loss of contact with reality". Stedman's Medical Dictionary defines
psychosis as "a severe mental disorder, with or without organic damage, characterized
by derangement of personality and loss of contact with reality and causing deterioration
of normal social functioning."
People experiencing a psychotic episode may report hallucinations or delusional belief
(e.g., grandiose or paranoid delusions), and may exhibit personality changes and
disorganized thinking. This is often accompanied by lack of insight into the unusual or
bizarre nature of their behaviour, as well as difficulty with social interaction and
impairment in carrying out the activities of daily living.
• Hallucinations
• Delusions and paranoia
• Lack of insight

FAKULTI
UNDANG-UNDANG
___________
faculty of law
.DOCTOR: MURDER ACCUSED WAS SCHIZOPHRENIC
Tuesday, 29 Mar 2011
https://www.thestar.com.my/news/nation/2011/03/29/doctor-murder-accused-was-
schizophrenic/#X6TesL4sToSuMsCV.99
. . GEORGE TOWN: A man charged with murdering his wife
and causing grievous hurt to his daughter by splashing acid
was diagnosed as suffering from paranoid schizophrenia and
diabetes, a High Court heard.
Penang Hospital medical officer Dr Izani Uzair Zubair said
former Penang Municipal Council (MPPP) licensing officer
Tan Teik Swee (pic), 54, was under two types of medication
when he observed the latter at the Penang Prison from
March to December last year.
He said the medical diagnosis for Tan upon his discharge
from Hospital Bahagia Ulu Kinta in Tanjung Rambutan on Jan
11 last year, was that the patient suffered from paranoid
schizophrenia as well as diabetes.
Dr Izani was testifying in the trial of Tan, who is charged
with murdering his wife Chong Swee Lin, 50, and grievously
injuring his daughter Hui Linn, 19, by splashing acid on
them.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
The murder charge under Section 302 of the Penal Code carries the mandatory death sentence
upon conviction.
The charge of causing grievous hurt under Section 326 of the Penal Code is punishable with a jail
term of up to 20 years and a possible fine or whipping.
Tan was ordered by the court to enter his defence on both charges on March 22.
Dr Izani said Tan was referred to the Penang Hospital after his discharge from Hospital Bahagia,
adding that he first saw Tan on Feb 3 last year.
He said when Tan was under medication, he was able to converse and had a good appetite.
When asked by defence counsel R. Dev Chander, Dr Izani said Tan could suffer a relapse if he
discontinued his medication.
“Paranoid schizophrenia is a psychotic mental illness and can confuse a patient’s perception
and emotions.
“The patient can also experience hallucinations and delusions,” he said.
Justice Zamani Abdul Rahim fixed set April 6 for continued hearing.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
Ketua Polis Daerah Kuala Langat Superintendan Azizan
Tukiman berkata kejadian dipercayai berpunca
daripada dendam kerana lelaki itu sering disindir
mempunyai hubungan sulit dengan seorang kakitangan
di tempat kerja.
Semasa pembunuhan berlaku, hanya suspek dan
mangsa sahaja yang berada di tempat kejadian.
Siasatan mendapati bahawa lelaki itu yang berusia 28 tahun
pernah menjalani rawatan mental selain pernah melakukan
cubaan bunuh diri akibat kemurungan
Kata Azizan, pihaknya masih menjalankan siasatan
lanjut, dan kes disiasat mengikut Seksyen 302 Kanun
Keseksaan.
“Mayat mangsa dihantar ke Hospital Banting untuk
bedah siasat, manakala suspek ditahan bagi membantu
siasatan," katanya.
DITUDUH ADA 'AFFAIR', PEMBANTU
MAKMAL KOLEJ VOKASIONAL TIKAM DAN
CEKIK KERANI SAMPAI MATI
Seorang pembantu makmal Kolej
Vokasional Sultan Abdul Samad di Banting
bertindak membunuh rakan sekerjanya
akibat selalu disindir
Dalam kejadian sekitar jam 2.30 petang
semalam, mayat mangsa ditemui di stor
pejabat kolej berkenaan akibat ditikam
dengan pisau oleh suspek. Beberapa kesan
tikaman turut kelihatan di bahagian leher
dan badan mangsa.
Mangsa, Zaimah Mahmod, 57, ibu tunggal
yang berasal dari Terengganu merupakan
ketua kerani yang telah berkhidmat selama
18 tahun di kolej tersebut.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
A man who murdered his parents before driving their bodies 150 miles
in his boot and dumping them in his back garden has been detained for
life.
Timothy Crook, 51, kicked, punched and stamped on the couple, hit
them with a hammer and strangled them with a belt.
Crook, who has paranoid schizophrenia, then drove the bodies of
Roger Crook, 83 and Elsie Crook, 76, to Lincoln where he dumped their
bodies in overgrown land at a home he owned.
He placed wheelie bins on top of the bodies and dumped a suitcase
with their clothes next to them.
Unemployed Crook then dumped his car a short distance away, before
catching three different trains back to the home he had shared with
them in Swindon, Wiltshire.
He told family members and friends the pair had gone to sell his home
for him, but their bodies were found on 11 July 2007, four days after
they were last seen.
Crook was arrested on suspicion of their murder but was initially
deemed unfit to enter a plea.
But following an improvement in his health, he went on trial for two
counts of murder earlier this month and was found guilty of
manslaughter on the grounds of diminished responsibility.
He was given life imprisonment, with a minimum of 16
years for the crimes. The eight years and 13 days he has
already served will be discounted from the sentence.
He was told he will spend his time at Rampton Hospital,
unless he is deemed mentally fit to be released, in which
case he would complete his sentence in prison.
Sentencing, Justice Nicholas Hamblen told him he'd had
“devoted parents who had spent much of their lives caring
for you.
“Although elderly they were still active and have a close
circuit of friends and family.”
He added: “It is not known what triggered this attack but it
was unprovoked. At a trial in July this year you denied
killing your parents or that you are mentally unwell.
“A jury found you guilty of manslaughter on the ground of
diminished responsibility and that is what I sentence you
for today.”
Bristol Crown Court heard that Crook had a long history of
mental health problems. It is thought his paranoid
schizophrenia stemmed from his job at the Ministry of
Defence, where he worked as a civilian.
As a result, Crook - who has never had a girlfriend - is
convinced that police are conspiring against him and that
the U.S forces are after him

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. The St. Louis mother believed to have fatally
shot her husband and infant daughter before
turning the gun on herself in a double-murder
suicide suffered from postpartum depression,
according to multiple reports.
On Friday, Mary Jo Trokey and her husband,
Matthew, were found fatally shot along with their 3-
month-old daughter, Taylor Rose, in their St. Louis
home. While authorities have not formally identified
the shooter or revealed a motive, local outlets are
reporting that the new mother shot and killed her
husband, baby and family dog while suffering from
postpartum depression, KMOV reports.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. Postpartum Depression and Psychosis
Women are more likely to experience psychiatric illness after childbirth than at any other time in their lives. If
the ‘‘baby blues’’ last for more than two weeks, however, the new mother may be suffering from a condition of
intermediate severity, postpartum depression (PPD), a mood disorder on par with other forms of clinical
depression. Ten to 22 percent of women experience PPD before the infant’s first birthday. PPD is characterized
by feelings of despondency, inadequacy as a mother, impaired concentration and memory function, as well as
loss of interest or pleasure in activities that were formerly enjoyable. In addition, the mother experiences
excessive anxiety about the infant’s wellbeing. Mothers with postpartum depression are reluctant to share
their upset emotions because they do not want others to think of them as bad mothers.
Some women also become paralyzed with fear and concern for the baby’s safety. If such symptoms appear, it is
important to seek professional consultation to help differentiate PPD from other conditions such as obsessive-
compulsive disorder. Symptoms of anxiety are frequently an aspect of clinical depression, but true obsessive-
compulsive symptoms signify a different disorder that needs proper diagnosis and treatment.
Though debilitating, the depressive emotional reactions that may accompany becoming a new mother are not
as severe as those associated with postpartum psychosis. In psychosis, the hallmark symptom is a ‘‘break’’ with
reality—a loss of the ability to accurately discern what is real from what is not. For instance, a woman with PPD
may experience violent thoughts about her baby but recognizes that those thoughts are wrong and potentially
dangerous. In that case, she will not act on them.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. However, a woman suffering from a full-fledged postpartum psychosis will have lost, at least
temporarily, the judgment needed to make this assessment. Very often, a woman with psychosis
experiences a frightening sense of merger with her infant—she cannot differentiate where she
ends from where her baby begins. Psychotic merger is so terrifying that she may try to avoid
losing her sense of self by either committing suicide or killing the baby or both. Infanticide is the
term used to refer to murder in which the killer is a parent of the victim.
In the month directly following childbirth, women are twenty-five more times likely to become
psychotic than during other periods of their lives. Postpartum psychosis occurs following only 1–2
per 1,000 births. Furthermore, the risk of infanticide associated with untreated puerperal
psychosis (occurring during childbirth or the period immediately following) has been estimated to
be as high as 4 percent.
Women with puerperal depressive disorders experience a high relapse rate during subsequent
pregnancies: 50 percent or more of women who had a previous episode of postpartum
depression experienced a relapse following a subsequent pregnancy. However, for postpartum
psychosis, the relapse rate is even higher—it is almost 80 percent.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. Filicide and Neonaticide
There are two distinct types of infanticide. Filicide is the killing of a son or daughter older than
twenty-four hours. Neonaticide is the killing of a newborn within twenty-four hours of birth.
Neonaticide is a separate entity, differing from filicide in the diagnoses, motives, and disposition
of the murderer. About 3 percent of all American homicides are filicides. The reported rate of
murder for children less than one year of age has remained relatively stable over the past twenty
years. The rate of killing children under one year is 4.3 per 100,000 live births.
Estimates of the occurrence of neonaticide in the United States range from 150 to 300 per year.
The Uniform Crime Reports for the years between 1976 and 1985 show that on average about
384 filicides of children up to age eighteen were reported each year. Sixty-two percent of all
homicides that occurred in children 0 to 5 years in the United States from 1976 through 1998
were committed by parents (U.S. Dept. of Justice 2000). The risk of filicide is greater among
younger than older children
http://criminal-justice.iresearchnet.com/crime/domestic-violence/postpartum-depression-
psychosis-and-infanticide/

FAKULTI
UNDANG-UNDANG
___________
faculty of law
VIOLENT BEHAVIOUR AMONG PEOPLE WITH SCHIZOPHRENIA: A FRAMEWORK FOR
INVESTIGATIONS OF CAUSES, AND EFFECTIVE TREATMENT, AND PREVENTION
Sheilagh Hodgins* Philos Trans R Soc Lond B Biol Sci. 2008 Aug 12; 363(1503): 2505–2518
[https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2606714/]
ABSTRACT :
Robust evidence has accumulated showing that individuals who develop schizophrenia are at
elevated risk when compared to the general population to engage in violence towards others.
This violence impacts negatively on victims as well as perpetrators and poses a significant
financial burden to society. It is posited that among violent offenders with schizophrenia there
are three distinct types defined by the age of onset of antisocial and violent behaviour. The early
starters display a pattern of antisocial behaviour that emerges in childhood or early adolescence,
well before illness onset, and that remains stable across the lifespan. The largest group of violent
offenders with schizophrenia show no antisocial behaviour prior to the onset of the illness and
then repeatedly engage in aggressive behaviour towards others. A small group of individuals who
display a chronic course of schizophrenia show no aggressive behaviour for one or two decades
after illness onset and then engage in serious violence, often killing, those who care for them. We
hypothesize that both the developmental processes and the proximal factors, such as symptoms
of psychosis and drug misuse, associated with violent behaviour differ for the three types of
offenders with schizophrenia, as do their needs for treatment

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. There is now robust evidence demonstrating that both men and women with schizophrenia1 are
at elevated risk when compared to the general population to be convicted of non-violent criminal
offences, at higher risk to be convicted of violent criminal offences, and at even higher risk to be
convicted of homicide (Wallace et al. 2004). For example, we examined a birth cohort composed
of all the 358180 persons born in Denmark from 1944 to 1947 followed until they were in their
mid-forties. We excluded those who had died or emigrated before the end of the follow-up
period. The official criminal records of cohort members who had been admitted to a psychiatric
ward at least once with a discharge diagnosis of schizophrenia were compared with those with
no psychiatric admissions. The risk of a violent crime was elevated 4.6 (3.8–5.6) times among the
men and 23.2 (14.4–37.4) times among the women with schizophrenia when compared with
those with no admissions to a psychiatric ward (Brennan et al. 2000). Similar elevations in risk
have been documented among persons with schizophrenia identified in other birth and
populations cohorts (Hodgins 1992; Tiihonen et al. 1997; Arseneault et al. 2000; Wallace et
al. 2004). While fewer women than men, with and without schizophrenia, are convicted of
crimes, schizophrenia confers a greater risk for offending among women than among men

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. People diagnosed with depression are roughly three times more
likely than the general population to commit violent crimes such as
robbery, sexual offences and assault, according to psychiatric
experts.
A study based on more than 47,000 people in Sweden, emphasised
that the overwhelming majority of depressed people are neither
violent nor criminal and should not be stigmatised.
“One important finding was that the vast majority of depressed
people were not convicted of violent crimes, and that the rates ...
are below those for schizophrenia and bipolar disorder, and
considerably lower than for alcohol or drug abuse,” said Seena
Fazel, who led the study at University of Oxford’s psychiatry
department.
Advertisement
The researchers found that 3.7% of men and 0.5% of women
committed a violent crime after being identified as clinically
depressed. This compared with 1.2% of men and 0.2% of women in
the general population.
https://www.theguardian.com/society/2015/feb/25/diagnosed-
depression-linked-to-violent-says-university-oxford-study-sweden

FAKULTI
UNDANG-UNDANG
___________
faculty of law
The M'Naghten Rule
Criminal defendants who are found to be
legally insane cannot be convicted of charges
arising from that particular mental defect or
disability. Courts use one of several legal
tests to determine whether a defendant
actually is legally insane, depending on the
jurisdiction. They include the Model Penal
Code Test; the Durham Rule; the Irresistible
Impulse Test; and the M'Naghten Rule.
This article focuses on the M'Naghten Rule
for testing legal insanity, often called the
"right-wrong" test and used by the majority
of states
https://criminal.findlaw.com/criminal-
procedure/the-m-naghten-rule.html
. The M'Naghten Rule (or test) focuses on whether a
criminal defendant knew the nature of the crime or
understood right from wrong at the time it was
committed. The defendant must meet one of the two
distinct criteria. Some courts differ as to whether the
"wrong" in question refers to moral or legal wrong (or
both).
Additionally, some states have eliminated the first part of
the test in which a defendant is ruled legally insane for not
fully understanding what he or she has done.
The rule, established by the English House of Lords in the
mid-19th Century, states:
"Every man is to be presumed to be sane, and ... that to
establish a defense on the ground of insanity, it must be
clearly proved that, at the time of the committing of the
act, the party accused was laboring under such a defect
of reason, from disease of mind, and not to know the
nature and quality of the act he was doing; or if he did
know it, that he did not know he was doing what was
wrong."

FAKULTI
UNDANG-UNDANG
___________
faculty of law
A man murdered his wife and daughter, and then
waited calmly for the police to arrive. Three mental
health experts testified that he was too psychologically
ill to understand that his criminal acts were wrong. He
was found not guilty by reason of insanity and
sentenced to 10 years in a mental health facility.
A woman with severe schizophrenia is charged with
assault and battery after attacking her next door
neighbor with a shovel. She claims the neighbor was
actually a demon who was trying to harvest her soul.
She was found not guilty by reason of insanity after the
court determined that she failed to understand the
nature of her actions

FAKULTI
UNDANG-UNDANG
___________
faculty of law
Antisocial Personality Disorder
A personality disorder whose essential feature is a
pervasive pattern of disregard for, and violation of,
the rights of others that begins in childhood or early
adolescence and continues into adulthood. The
individual must be at least age 18.
PubMed Health Glossary
(Source: NIH - National Library of Medicine)
‘Antisocial Personality Disorder
Antisocial personality disorder is defined by the American Psychiatric Association's Diagnostic and
Statistical Manual on Mental Disorders, fourth edition (DSM-IV) as "...a pervasive pattern of
disregard for, and violation of, the rights of others that begins in childhood or early adolescence
and continues into adulthood." People with antisocial personality disorder may disregard social
norms and laws, repeatedly lie, place others at risk for their own benefit, and demonstrate a
profound lack of remorse. It is sometimes referred to as sociopathic personality disorder, or
sociopathy. NIH - National Institute of Mental Health

FAKULTI
UNDANG-UNDANG
___________
faculty of law
. Antisocial personality disorder
Antisocial personality disorder is a mental condition in which a person has a long-term pattern of
manipulating, exploiting, or violating the rights of others. This behavior is often criminal.
Causes
Cause of this disorder is unknown. A person's genes and other factors, such as child abuse, may
contribute to developing this condition. People with an antisocial or alcoholic parent are at
increased risk. Far more men than women are affected. The condition is common among people
who are in prison.
Setting fires and animal cruelty during childhood are often seen in the development of antisocial
personality.
Some doctors believe that psychopathic personality (psychopathy) is the same disorder. Others
believe that psychopathic personality is a similar but a more severe disorder.
[U.S. NATIONAL LIBRARY OF MEDICINE: https://medlineplus.gov/ency/article/000921.htm]

FAKULTI
UNDANG-UNDANG
___________
faculty of law
ANTI-SOCIAL
PERSONALITY
DISORDER
PSYCHOPATHY
SOCIOPATHY
ABNORMAL
PSYCHOLOGY
?

FAKULTI
UNDANG-UNDANG
___________
faculty of law
The killers' characteristics referred to as antisocial personality in the FBI report were as follows:
sense of entitlement, unremorseful, apathetic to others, unconscionable, blameful of others,
manipulative and conning, affectively cold, disparate understanding of behavior and socially
acceptable behavior, disregardful of social obligations, nonconforming to social norms,
irresponsible.
These killers were not simply persistently antisocial individuals who met DSM-IV criteria for
ASPD; they were psychopaths- remorseless predators who use charm, intimidation and, if
necessary, impulsive and cold-blooded violence to attain their ends.
The distinction between psychopathy and ASPD is of considerable significance to the mental
health and criminal justice systems. Unfortunately, it is a distinction that is often blurred, not
only in the minds of many clinicians but in the latest edition of DSM-IV.
PSYCHOPATHY AND ANTISOCIAL PERSONALITY DISORDER: A CASE OF DIAGNOSTIC CONFUSION
Robert D. Hare, PhD
Feb 1, 1996
http://www.psychiatrictimes.com/antisocial-personality-disorder/psychopathy-and-antisocial-
personality-disorder-case-diagnostic-confusion

FAKULTI
UNDANG-UNDANG
___________
faculty of law
PSYCHOPATHY AND ANTISOCIAL PERSONALITY DISORDER: A CASE OF DIAGNOSTIC CONFUSION
Robert D. Hare, PhD
Feb 1, 1996
http://www.psychiatrictimes.com/antisocial-personality-disorder/psychopathy-and-antisocial-
personality-disorder-case-diagnostic-confusion
Most psychopaths (with the exception of those who somehow manage to plow their way
through life without coming into formal or prolonged contact with the criminal justice system)
meet the criteria for ASPD, but most individuals with ASPD are not psychopaths. Further, ASPD is
very common in criminal populations, and those with the disorder are heterogeneous with
respect to personality, attitudes and motivations for engaging in criminal behavior.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
Most psychopaths (with the exception of those who somehow manage to plow their way
through life without coming into formal or prolonged contact with the criminal justice system)
meet the criteria for ASPD, but most individuals with ASPD are not psychopaths. Further, ASPD is
very common in criminal populations, and those with the disorder are heterogeneous with
respect to personality, attitudes and motivations for engaging in criminal behavior.

FAKULTI
UNDANG-UNDANG
___________
faculty of law
DSM-5: The Ten Personality Disorders: Cluster B
https://www.mentalhelp.net/articles/dsm-5-the-ten-personality-disorders-cluster-b/
Cluster B is called the dramatic, emotional, and erratic cluster. It includes:
Borderline Personality Disorder.
Narcissistic Personality Disorder.
Histrionic Personality Disorder.
Antisocial Personality Disorder.
Disorders in this cluster share problems with impulse control and emotional regulation.
Antisocial Personality Disorder
The Antisocial Personality Disorder* is characterized by a pervasive pattern of disregard for the rights of other
people that often manifests as hostility and/or aggression. Deceit and manipulation are also central features.
In many cases hostile-aggressive and deceitful behaviors may first appear during childhood.
These children may hurt or torment animals or people.
They may engage in hostile acts such as bullying or intimidating others.
They may have a reckless disregard for property such as setting fires.

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, They often engage in deceit, theft, and other serious violations of standard rules of conduct.
When this is the case, Conduct Disorder (a juvenile form of Antisocial Personality Disorder) may be an
appropriate diagnosis.
Conduct Disorder is often considered the precursor to an Antisocial Personality Disorder.
In addition to reckless disregard for others, they often place themselves in dangerous or risky situations.
They frequently act on impulsive urges without considering the consequences. This difficulty with impulse
control results in loss of employment, accidents, legal difficulties, and incarceration.
Persons with Antisocial Personality Disorder typically do not experience genuine remorse for the harm they
cause others. However, they can become quite adept at feigning remorse when it is in their best interest to do
so (such as when standing before a judge).
They take little to no responsibility for their actions. In fact, they will often blame their victims for "causing"
their wrong actions, or deserving of their fate. The aggressive features of this personality disorder make it
stand out among other personality disorders as individuals with this disorder take a unique toll on society.

FAKULTI
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faculty of law
List of Antisocial Personality Disorder Traits
Sense of entitlement;
Unremorseful;
Apathetic to others;
Unconscionable behavior;
Blameful of others; Manipulative and
conning;
Affectively cold;
Disparate understanding;
Socially irresponsible;
Disregardful of obligations;
Nonconforming to norms;
Irresponsible
Clinical Symptoms for an Antisocial
Personality Disorder Diagnosis
"Clinical" features of Antisocial Personality
Disorder (with a person having at least
three of these characteristics) are
1. Failure to conform to social norms;
2. Deceitfulness, manipulativeness;
3. Impulsivity, failure to plan ahead;
4. Irritability, aggressiveness;
5. Reckless disregard for the safety of self
or others;
6. Consistent irresponsibility;
7. Lack of remorse after having hurt,
mistreated, or stolen from another person

FAKULTI
UNDANG-UNDANG
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faculty of law
Antisocial Personality Disorder (ASPD)
• criminal behaviours are often seen as synonymous with ASPD.
• Studies found offenders with personality disorders are crime prone – respond to
frustrating events with strong negative emotions, feel stressed and harassed;
adversarial in their interpersonal relationship
• Maintain negative emotionality - tendency to maintain aversive affective states
(anger, anxiety, irritability)
• Predisposed to weak personal constraints; difficulty controlling impulsive
behaviour.
• Impulsive + aggressive

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UNDANG-UNDANG
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faculty of law
SOCIOPATHY
Problem with conscience – not have one or defective (able to block or neutralise their
conscience).
Sociopaths only care about fulfilling their own needs and desires - selfishness and egocentricity
to the extreme.
Do not see their antisocial behaviour as ‘wrong’ – (“those who say it wrong are wrong!”)
According to Stout, M. [(2005). The Sociopath Next Door. NY: Broadway]
it only takes three of the following to be defined as a sociopath, [OLD approach]
• Egocentricity;
• Callousness;
• Impulsivity;
• Conscience defect;
• Exaggerated sexuality;
• Excessive boasting;
• Risk taking;
• Inability to resist temptation;
• Antagonistic, deprecating attitude toward the opposite sex;
• Lack of interest in bonding with a mate

FAKULTI
UNDANG-UNDANG
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faculty of law
DSM 5 Sociopath Diagnostic Definitions And Symptoms
https://www.betterhelp.com/advice/sociopathy/dsm-5-sociopath-diagnostic-definitions-and-
symptoms/
The DSM 5 has gone through a few changes and one of those changes is the diagnostic title for
sociopath. Sociopath and psychopath are now blanketed under the title Antisocial Personality
disorder or APD for short.
Although sociopath is not a category of its own, it is understood to be explained and addressed
under the new title of APD. Psychologist and other mental heal care professionals still debate the
criteria for sociopathy/psychopathy; some contend that these two disorders are distinct
disorders, other agree that they both reference the same disorder, some disagree with the new
grouping under APD, others believe it is the best option.
Regardless of how these professionals view the statistics and diagnostic criteria for sociopath, the
DSM 5 remains the definitive go to for diagnosing this disorder.

FAKULTI
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faculty of law
. Criteria And Features Of Personality Disorder
The DSM itself lists APD/sociopath under the heading of Personality disorders. The main features
of a personality disorder are impairments and deficits in the understanding and functioning of
self and interpersonal behaviors, and the addition of pathological personality traits. Once the
criteria for a personality disorder is met, the disorder is further evaluated to refine the
personality disorder diagnosis further. First the criteria for personality disorder, then the criteria
for APD/sociopath must be met for a solid diagnosis.

FAKULTI
UNDANG-UNDANG
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faculty of law
The following is the criteria for personality disorder, the first step in diagnosing a sociopath using the DSM 5:
1. A pervasive pattern of behavior/inner experience that deviates from the social norms and expectations of
the individuals culture
• Interpersonal functioning
• Cognition
• Impulse control
• Affect/affectivity
2. The pervasive pattern of behavior/inner experience remains unchanged across a range of both personal and
social situations
3. Important areas of life are disrupted by these pervasive patterns of behavior, clinical distress, deficit or
impairment is noted in occupational and social situations
4. The pervasive pattern of disruptive behavior/inner experience can be noted back to adolescence and/or
early adulthood.
5. The pervasive pattern is not connected to or a symptom of any other mental disorder.
6. The pattern is not the result of a physical problem such as a head injury, the pattern is not a side effect of
medication or substance abuse.

FAKULTI
UNDANG-UNDANG
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faculty of law
The following are features of personality disorder:
1. Severe deficits or impairments in empathy, intimacy, or other interpersonal interactions, and in
personal identity, self-direction, or other self-functioning behaviors.
2. One or more pathological personality traits or facets
3. The impairments in personality and personality trait expression are stable over time and across
situations.
4. These impairments to personality and personality trait expression are not due to
developmental stage or socio-cultural environment.
5. The impairments to personality and personality trait expression are the result of medication,
substance abuse or physical problem such as head trauma.
Once the criteria and features of a personality disorder are met, the diagnostic evaluation moves
on to specific personality disorders. There are many different types of personality disorder listed
in the DSM 5
only a trained mental health care professional can properly diagnose and treat personality
disorders.

FAKULTI
UNDANG-UNDANG
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faculty of law
. DSM Sociopath Criteria And Features
Sociopath DSM 5 is found under the heading of antisocial personality disorder. A licensed
professional will use the criteria for antisocial personality disorder to help diagnose a sociopath.
There are several disorders that fall under the term antisocial personality disorder, and this term
is also a diagnosis. Today, sociopath does not have a separate entry in the DSM 5, but the term
sociopath is still recognized as a diagnosis by many mental health care professionals. Regardless,
a sociopath would fall under APD and treated as such.

FAKULTI
UNDANG-UNDANG
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faculty of law
. The following criteria is listed in the DSM 5 for antisocial personality disorder:
1. Persistent patterns of disregard and violation of the rights of others, present since the age of
15 and consisting of at least three of the following resulting in hurting, mistreating, and/or
stealing from someone:
2. Disrespect and failure to conform to lawful behavior resulting in repeated arrests.
3. Persistent deceitfulness, using aliases, and lying to con others for personal gain.
4. Impulsive and unable to plan.
5. Easily irritated, aggressive and prone to repeated physical altercations and assaults.
6. Reckless, disregarding the safety of others and one's self.
7. Persistently irresponsible, inability to maintain consistent work behavior and/or honor financial
obligations.
8. Indifferent rationalization without remorse.

FAKULTI
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faculty of law
Criteria for impairment of personality and personality traits:
1. Severe impairment/deficits in personality functioning both identity and self-
direction
• Identity impairment - self-esteem is tied to personal gain, power, and
pleasure, and marked ego-centric behaviors
• Self-direction impairment - absence of social conformity to the law or other
culturally accepted norms, and, goal setting is based on personal gain and
gratification.
2. Severe impairments/deficits in interpersonal function both empathy and intimacy
• Lack of empathy- no concern for the feelings, wants, and needs of others, no
remorse after harming others.
• Lack of intimacy - inability to maintain a mutual intimate relationship,
relationships are used for personal gain, deceitfulness, coercion, dominance,
and intimidation are used to control others.

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3. Person is at least 18 years of age or older
4. Conduct disorder is noted before the age of 15
5. Antisocial behavior is not related to schizophrenia or manic episodes.
6. Impairment of personality and trait expression is stable across situations and over time.
7. Impairment of personality and trait expression is not related to developmental stage or socio-
cultural environment.
8. Impairment of personality and trait expression is not due to medicine, substance abuse, or
head trauma.
9. Person is at least 18 years of age or older.

FAKULTI
UNDANG-UNDANG
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faculty of law
Persistent pathological personality traits:
1. Antagonism
• Manipulative - frequent use of deceit, subterfuge, charm, seduction, and
ingratiation to achieve personal goals.
• Deceit - lies and fraudulent representation of self, embellishment and lying
when relating events.
• Callous - cold, uncaring, and indifferent to the feelings of others, lack of
remorse for the hurt they cause to others, aggressive and sadistic.
• Hostile - aggressive and angry at perceived slights and insults, vengeful and
mean.

FAKULTI
UNDANG-UNDANG
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faculty of law
Persistent pathological personality traits:
2. Disinhibition
• Irresponsible - failure to honor obligations, lack of respect for promises made and
agreements.
• Impulsive - acts on momentary stimulus, no planning, inability to plan.
• Risk Behavior - denies personal danger, engages in dangerous activity to one's self and others,
engages in risk behaviors to stave off boredom.

FAKULTI
UNDANG-UNDANG
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faculty of law
. what is a sociopath?
No criteria in the DSM IV or official psychiatric nomenclature,
but the construct refers to the largest subgroup of APDs –
• Most are males, but an increasing number are female.
• They have otherwise normal temperaments (as opposed to psychopaths who have abnormal
temperaments).
• Some are aggressive, fearless sensation seekers, and others are Machiavellian
manipulators. A Machiavellian is a personality type who is a cross between an antisocial
personality and a narcissist, and someone who also has an extremely high sense of
entitlement.
• The one thing that all sociopaths have in common is that they are "too much" to handle for
their parents or anyone else. It's common to refer to them as unsocialized, but the dyssocial
sociopath does socialize to the mores and values of a dyssocial outgroup, like a gang.

FAKULTI
UNDANG-UNDANG
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faculty of law
Psychopathy
4 different subtypes of psychopaths.
The oldest distinction was made by Cleckley back in 1941 [Cleckley, Hervey (1903-1984). The
Mask of Sanity, Fifth Edition, 1988. Previous editions copyrighted 1941, 1950, 1955, 1964, 1976
by St. Louis: Mosby Co.]
• DISTEMPERED PSYCHOPATHS
• CHARISMATIC PSYCHOPATHS
• PRIMARY PSYCHOPATHS
• SECONDARY PSYCHOPATHS

FAKULTI
UNDANG-UNDANG
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faculty of law
, Hare, R. (1991). The Hare Psychopathy Checklist-Revised. Toronto: Multi-Health Systems.
PCL-R 20-item checklist include:
. 1. GLIB and SUPERFICIAL CHARM -- the tendency to be smooth, engaging, charming, slick, and
verbally facile. Psychopathic charm is not in the least shy, self-conscious, or afraid to say anything.
A psychopath never gets tongue-tied. They have freed themselves from the social conventions
about taking turns in talking, for example.
2. GRANDIOSE SELF-WORTH -- a grossly inflated view of one's abilities and self-worth, self-
assured, opinionated, cocky, a braggart. Psychopaths are arrogant people who believe they are
superior human beings.
3. NEED FOR STIMULATION or PRONENESS TO BOREDOM -- an excessive need for novel, thrilling,
and exciting stimulation; taking chances and doing things that are risky. Psychopaths often have a
low self-discipline in carrying tasks through to completion because they get bored easily. They fail
to work at the same job for any length of time, for example, or to finish tasks that they consider
dull or routine.
4. PATHOLOGICAL LYING -- can be moderate or high; in moderate form, they will be shrewd,
crafty, cunning, sly, and clever; in extreme form, they will be deceptive, deceitful, underhanded,
unscrupulous, manipulative, and dishonest.
5. CONNING AND MANIPULATIVENESS- the use of deceit and deception to cheat, con, or defraud
others for personal gain; distinguished from Item #4 in the degree to which exploitation and
callous ruthlessness is present, as reflected in a lack of concern for the feelings and suffering of
one's victims.

FAKULTI
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6. LACK OF REMORSE OR GUILT -- a lack of feelings or concern for the losses, pain, and suffering
of victims; a tendency to be unconcerned, dispassionate, coldhearted, and unempathic. This item
is usually demonstrated by a disdain for one's victims.
7. SHALLOW AFFECT -- emotional poverty or a limited range or depth of feelings; interpersonal
coldness in spite of signs of open gregariousness.
8. CALLOUSNESS and LACK OF EMPATHY -- a lack of feelings toward people in general; cold,
contemptuous, inconsiderate, and tactless.
9. PARASITIC LIFESTYLE -- an intentional, manipulative, selfish, and exploitative financial
dependence on others as reflected in a lack of motivation, low self-discipline, and inability to
begin or complete responsibilities.
10. POOR BEHAVIORAL CONTROLS -- expressions of irritability, annoyance, impatience, threats,
aggression, and verbal abuse; inadequate control of anger and temper; acting hastily.

FAKULTI
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. 11. PROMISCUOUS SEXUAL BEHAVIOR -- a variety of brief, superficial relations, numerous
affairs, and an indiscriminate selection of sexual partners; the maintenance of several
relationships at the same time; a history of attempts to sexually coerce others into sexual activity
or taking great pride at discussing sexual exploits or conquests.
12. EARLY BEHAVIOR PROBLEMS -- a variety of behaviors prior to age 13, including lying, theft,
cheating, vandalism, bullying, sexual activity, fire-setting, glue-sniffing, alcohol use, and running
away from home.
13. LACK OF REALISTIC, LONG-TERM GOALS -- an inability or persistent failure to develop and
execute long-term plans and goals; a nomadic existence, aimless, lacking direction in life.
14. IMPULSIVITY -- the occurrence of behaviors that are unpremeditated and lack reflection or
planning; inability to resist temptation, frustrations, and urges; a lack of deliberation without
considering the consequences; foolhardy, rash, unpredictable, erratic, and reckless.
15. IRRESPONSIBILITY -- repeated failure to fulfill or honor obligations and commitments; such as
not paying bills, defaulting on loans, performing sloppy work, being absent or late to work, failing
to honor contractual agreements.

FAKULTI
UNDANG-UNDANG
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faculty of law
16. FAILURE TO ACCEPT RESPONSIBILITY FOR OWN ACTIONS -- a failure to accept responsibility
for one's actions reflected in low conscientiousness, an absence of dutifulness, antagonistic
manipulation, denial of responsibility, and an effort to manipulate others through this denial.
17. MANY SHORT-TERM MARITAL RELATIONSHIPS -- a lack of commitment to a long-term
relationship reflected in inconsistent, undependable, and unreliable commitments in life,
including marital.
18. JUVENILE DELINQUENCY -- behavior problems between the ages of 13-18; mostly behaviors
that are crimes or clearly involve aspects of antagonism, exploitation, aggression, manipulation,
or a callous, ruthless tough-mindedness.
19. REVOCATION OF CONDITION RELEASE -- a revocation of probation or other conditional
release due to technical violations, such as carelessness, low deliberation, or failing to appear.
20. CRIMINAL VERSATILITY -- a diversity of types of criminal offenses, regardless if the person has
been arrested or convicted for them; taking great pride at getting away with crimes.

FAKULTI
UNDANG-UNDANG
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faculty of law
Despite its importance historically and contemporarily, psychopathy is not recognized in the
current Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revised
(DSM-IV-TR). Its closest counterpart, antisocial personality disorder, includes strong
representation of behavioral deviance symptoms but weak representation of affective-
interpersonal features considered central to psychopathy. The current study evaluated the extent
to which psychopathy and its distinctive facets, indexed by the Triarchic Psychopathy Measure,
can be assessed effectively using traits from the dimensional model of personality pathology
developed for DSM-5, operationalized by the Personality Inventory for DSM-5 (PID-5). Results
indicate that (a) facets of psychopathy entailing impulsive externalization and callous
aggression are well-represented by traits from the PID-5 considered relevant to antisocial
personality disorder, and (b) the boldness facet of psychopathy can be effectively captured
using additional PID-5 traits. These findings provide evidence that the dimensional model of
personality pathology embodied in the PID-5 provides effective trait-based coverage of
psychopathy and its facets.
Assessment. 2013 Jun;20(3):327-38. doi: 10.1177/1073191113486691. Epub 2013 Apr 24.
Characterizing psychopathy using DSM-5 personality traits.
Strickland CM1, Drislane LE, Lucy M, Krueger RF, Patrick CJ.
https://www.ncbi.nlm.nih.gov/pubmed/23620353

FAKULTI
UNDANG-UNDANG
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faculty of law
. Psychopathy is perhaps the prototypic personality disorder. The term psychopathy within
Schneider’s (1923) nomenclature referred to all cases of personality disorder. The term now
refers to a more specific variant:
Psychopaths are social predators who charm, manipulate, and ruthlessly plow their way through
life.... Completely lacking in conscience and feeling for others, they selfishly take what they want
and do as they please, violating social norms and expectations without the slightest sense of guilt
or regret. (Hare, 1993, p. xi)
Nevertheless, the construct of psychopathy has had a troubled, and at times controversial,
relationship with the American Psychiatric Association’s (APA) Diagnostic and Statistical Manual
of Mental Disorders (DSM). The purpose of this article is to trace and discuss this history from the
very first edition of the DSM to the current fifth edition.
Psychopathy and the DSM
Cristina Crego and Thomas A. Widiger University of Kentucky

FAKULTI
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faculty of law
assessment instruments in use with adolescents and youth as a basis for formulating an
integrative, triarchic model of psychopathy. The essence of the triarchic model is that
psychopathy encompasses three distinct phenotypic constructs:
disinhibition, which reflects a general propensity toward problems of impulse control;
boldness, which is defined as the nexus of social dominance, emotional resiliency, and
venturesomeness; and
meanness, which is defined as aggressive resource seeking without regard for others
("dysaffliated agency").
Dev Psychopathol. 2009 Summer;21(3):913-38. doi: 10.1017/S0954579409000492.
Triarchic conceptualization of psychopathy: developmental origins of disinhibition, boldness,
and meanness.
Patrick CJ1, Fowles DC, Krueger RF.
https://www.ncbi.nlm.nih.gov/pubmed/19583890

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UNDANG-UNDANG
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.

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