Discussion B

 Psychiatric Theories

Most early psychological theories emphasized either behavioral conditioning or personality disturbances and diseases of the mind. The concept of the psychopath or sociopath was developed by Hervey Cleckley. Currently, these terms have fallen out of favor and have been replaced by the concept of antisocial personality.

Individuals with the characteristics of an antisocial personality are likely to become criminals at some point. Another theory emphasizing personality characteristics was developed by Hans Eysenck. Eysenck described three personality dimensions (psychoticism, extroversion, and neuroticism), each with links to criminality. He stated that personality traits were dependent on the autonomic nervous system; those whose nervous systems require stimulation are more likely to become offenders.

· Explain the relationship between personality and criminal behavior.

· Recognize the importance of learning theory to an understanding of criminality.

· Distinguish between the different insanity tests and rules and understand the concept of being found not guilty by reason of insanity.

· Recognize how the process of social interaction between people contributes to criminal behavior.

· Identify and discuss the social process theories including learning theory, social control theory, labeling theory and reintegrative shaming theories.

· Distinguish between the social process theories.

Most early psychological theories emphasized either behavior conditioning or personality disturbances and psychopathology. Psychopaths and sociopaths and the more modern term of antisocial personality all refer to the same psychiatric condition. Individuals with the characteristics of an antisocial personality are likely to become criminals at some point in time (Vold et al., 2002). Sigmund Freud’s psychoanalytic theory suggests that criminal behavior is maldative due to the inadequacies in the offender’s personality. Psychoanalysis suggests that one possible cause of crime may be a poorly developed superego, which leaves the individual operating without a moral conscience. (Barkan, 1997).

Neurosis is a minor form of mental illness which may or may not lead to crime. Psychosis is a serious mental illness that may result in violent criminal behavior (Schmalleger, 2002). Modeling theory, as developed by Albert Bandura, is a form of social learning theory that suggests that people learn to act by observing others. Observation of aggressive behavior teaches one how to act aggressively (Barkan, 1997). Behavioral theory was developed by B.F. Skinner and involves the use of rewards and punishments to control a person’s responses or operant behavior. (Vold et al., 2002). Attachment theory suggests that the lack of a secure attachment between a child and his parent may lead to delinquent and criminal behavior later in life.

Michael Gottfredson and Travis Hirschi developed a general theory of crime based on the concept that low self-control contributes to all types of crime (Lilly, et al., 2002). Insanity is a legal term rather than a clinical concept and is based on the claim of mental illness. Insanity is a defense to a criminal prosecution with the burden of proof shifting to the defendant. Therefore, a person is presumed sane at the start of a criminal trial. Most states have created the verdict of not guilty by reason of insanity (NGRI) which means that if the jury comes back with this verdict, the defendant will be hospitalized rather than released (Schmalleger, 2002). There are several different insanity tests or rules that are used in the United States. The M’Naughten rule (right /wrong test) holds that people cannot be held criminally acountable for their actions if at the time of the crime they either did not know what they were doing or did not know that what they were doing was wrong (Bohm & Haley, 1999).

 

The Irresistible Impulse test or the Durham rule can be used alone or in conjunction with the M’Naughten rule. It holds that people are guilty of the criminal offenses if, because of their mental state or psychological condition, they were unable to resist committing the criminal act (p.29). In 1994, Lorena Bobbit successfully used this defense after she sliced off her husband’s penis with a kitchen knife while he was sleeping. The Substantial Capacity test absolves the defendant from criminal responsibility if at the time of such conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law (p. 31).

Psychiatric Theories - ASSIGNMENT

Pick a state. Go on the internet and locate the statutes for the state and find the legal definition of insanity.

Consider the following questions:

1.What tests are used to determine legal sanity? 

2. Is the defendant presumed to be sane until proven otherwise? 

3. Does the burden of proof for the defense of insanity lie with the defense or prosecution? 

4. If legal insanity is proved, what verdict is used, NGRI or GBI? 

Reflection posts are to be a  minimum of THREE fully developed paragraphs must include a references