In this paper, our goal is to survey some of the legal contexts within which violence risk assessment already plays a prominent role, explore whether developments in neuroscience could potentially be used to improve our ability to predict violence, and discuss whether neuropredictive models of violence create any unique legal or moral problems above and beyond the well worn problems already associated with prediction more generally. In Violence Risk Assessment and the Law, we briefly examine the role currently played by (...) predictions of violence in three high stakes legal contexts: capital sentencing, civil commitment hearings, and sexual predator statutes. In Clinical vs. Actuarial Violence Risk Assessment, we briefly examine the distinction between traditional clinical methods of predicting violence and more recently developed actuarial methods, exemplified by the Classification of Violence Risk software created by John Monahan and colleagues as part of the MacArthur Study of Mental Disorder and Violence [1]. In The Neural Correlates of Psychopathy, we explore what neuroscience currently tells us about the neural correlates of violence, using the recent neuroscientific research on psychopathy as our focus. We also discuss some recent advances in both data collection and data analysis that we believe will play an important role when it comes to future neuroscientific research on violence. In The Potential Promise of Neuroprediction, we discuss whether neuroscience could potentially be used to improve our ability to predict future violence. Finally, in The Potential Perils of Neuroprediction, we explore some potential evidentiary, constitutional, and moral issues that may arise in the context of the neuroprediction of violence. (shrink)

Neuroscience has been proposed for use in the legal system for purposes of mind reading, assessment of responsibility, and prediction of misconduct. Each of these uses has both promises and perils, and each raises issues regarding the admissibility of neuroscientific evidence.

Should offenders with psychopathy or those exhibiting extreme forms of antisocial behav- iour be considered criminally responsible? The current debate seems to have reached a stalemate. Several scholars have argued that neuropsychologi- cal data on individuals with psychopathy might be relevant for determining their criminal responsibil- ity. However, relying on such data has not produced a consensus among legal scholars and philosophers on whether individuals with psychopathy should be excused from responsibility. We offer a diagnosis about why this debate has (...) reached a standoff. We argue that part of the problem is that psychopathy, being a syndrome-based category, is too heterogeneous and thus offers low prospects for being integrated with neuropsychological data that might support significant conclusions about the criminal responsibility of individuals with psychopathy. Moreover, the construct of psychopathy was not originally devised to discriminate criminally accountable from unac- countable antisocial individuals. To overcome these difficulties and advance the debate, we extend a currently less discussed theoretical framework for bridging biopsychology and the law that focuses on neuropsychological constructs, domains, and processes that directly measure capacities of offenders that are relevant for criminal responsibility, without necessarily relying on mediating syndrome-based constructs. The novelty of our contribution is that the biopsy- chological bases of exculpation can be further devel- oped and used for determining more fine-grained cat- egorisations of antisocial personality types. We show how this framework provides guidelines for inter- disciplinary research that can significantly advance our understanding of the preconditions for criminal responsibility and help the legal practice of ascribing or withholding it. (shrink)

Machiavellianism is a popular construct in research on ethics and organizational behavior. This research has demonstrated that Machiavellianism predicts a host of counterproductive, deviant, and unethical behaviors. However, individuals high in Machiavellianism also adapt to their organizational surroundings, engaging in unethical behavior only in certain situations. Nevertheless, the utility of Machiavellianism has been questioned. Meta-analyses have demonstrated that psychopathy out-predicts Machiavellianism for most antisocial outcomes. Thus, many researchers assume Machiavellianism is a derivative and redundant construct. However, researchers examining the utility (...) of Machiavellianism may be asking the wrong question about how Machiavellianism is unique. In our review, we find it less informative to ask about what antisocial behaviors Machiavellianism predicts. Instead, we find it more informative to ask when Machiavellianism predicts antisocial behaviors. Drawing on Field Theory and Trait Activation Theory, we argue that Machiavellianism is a trait that is associated with person × environment interactions. Their adaptive nature is made possible through the presence of impulse control and environmental sensitivity to punishment, two characteristics that individuals high in psychopathy lack. Consequently, individuals high in Machiavellianism constrain their antisocial behavior to environments when the benefits outweigh the costs. Thus, environmental context, especially the risk of external punishment, moderates Machiavellian misbehavior more than it does for those high in psychopathy. These behavioral constraints align with Lewin’s argument that behavior is a function of the person, environment, and interaction between the two. From this discussion, we arrive at recommendations pertaining to the future of Machiavellianism research in organizational and other applied settings. (shrink)

Psychopathy is a developmental disorder associated with specific forms of emotional dysfunction and an increased risk for both frustration-based reactive aggression and goal-directed instrumental antisocial behavior. While the full behavioral manifestation of the disorder is under considerable social influence, the basis of this disorder appears to be genetic. At the neural level, individuals with psychopathy show atypical responding within the amygdala and ventromedial prefrontal cortex. Moreover, the roles of the amygdala in stimulus-reinforcement learning and responding to emotional expressions and vmPFC (...) in the representation of reinforcement expectancies are compromised. The implications of these functional impairments for responsibility are discussed. (shrink)

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. (shrink)

Psychopathic individuals are characterized by impaired affective processing, impulsivity, sensation-seeking, poor planning skills and heightened aggressiveness with poor self-regulation. Based on brain self-regulation studies using neurofeedback of Slow Cortical Potentials (SCPs) in disorders associated with a dysregulation of cortical activity thresholds and evidence of deficient cortical functioning in psychopathy, a neurobiological approach seems to be promising in the treatment of psychopathy. The results of our intensive brain regulation intervention demonstrate, that psychopathic offenders are able to gain control of their brain (...) excitability over fronto-central brain areas. After SCP self-regulation training, we observed reduced aggression, impulsivity and behavioral approach tendencies, as well as improvements in behavioral-inhibition and increased cortical sensitivity for error-processing. This study demonstrates improvements on the neurophysiological, behavioral and subjective level in severe psychopathic offenders after SCP-neurofeedback training and could constitute a novel neurobiologically-based treatment for a seemingly change-resistant group of criminal psychopaths. (shrink)

Emotion processing is known to be impaired in psychopathy, but less is known about the cognitive mechanisms that drive this. Our study examined experiencing and suppression of emotion processing in psychopathy. Participants, violent offenders with varying levels of psychopathy, viewed positive and negative images under conditions of passive viewing, experiencing and suppressing. Higher scoring psychopathics were more cardiovascularly responsive when processing negative information than positive, possibly reflecting an anomalously rewarding aspect of processing normally unpleasant material. When required to experience emotional (...) response, by ‘getting into the feeling’ of the emotion conveyed by a negative image, higher factor 1 psychopathic individuals showed reduced responsiveness, suggesting that they were less able to do this. These data, together with the absence of corresponding differences in subjective self-report might be used to inform clinical strategies for normalising emotion processing in psychopathic offenders to improve treatment outcome, and reduce risk amongst this client group. (shrink)

The results are interpreted in terms of a deficit in initial rule learning and subsequent generalization of these rules to new stimuli. Negative feedback is adequately processed at a neural level but this information is not used to improve behaviour on subsequent trials. As learning is degraded, the process of error detection at the moment of the actual response is diminished. Therefore, the current study demonstrates that disturbed error-monitoring processes play a central role in the often reported learning deficits in (...) individuals with PP. (shrink)

Research on psychopathy among incarcerated, Caucasian males has consistently demonstrated deficits in emotion processing and response inhibition. Using the PCL-R to classify participants as psychopathic or non-psychopathic, this study examined the performance of incarcerated, Caucasian females on two laboratory tasks: A lexical decision task used to assess emotion processing and a passive avoidance task used to assess response inhibition. Contrary to prediction, deficits in performance typically exhibited by psychopathic males were not exhibited by psychopathic females in this sample. Implications of (...) these findings are discussed and an interpretation of the results in the context of the Response Modulation Hypothesis is presented. (shrink)