Theoretical arguments that psychopathy eliminates individual responsibility for illegal behavior and can therefore serve as a basis for an insanity defense are largely premised on emotional characteristics of psychopathy that impede the individual’s capacity to appreciate right from wrong. We offer arguments and countervailing evidence indicating psychopaths do have the capacity to appreciate right from wrong and therefore should not be absolved of criminal responsibility.

Neuroimaging offers great potential to clinicians and researchers for a host of mental and physical conditions. The use of imaging has been trumpeted for forensic psychiatric and psychological evaluations to allow greater insight into the relationship between the brain and behavior. The results of imaging certainly can be used to inform clinical diagnoses; however, there continue to be limitations in using neuroimaging for insanity cases due to limited scientific backing for how neuroimaging can inform retrospective evaluations of mental state. In (...) making this case, this paper reviews the history of the insanity defense and explains how the use of neuroimaging is not an effective way of improving the reliability of insanity defense evaluations. (shrink)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain dysfunction suggestive (...) of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain dysfunction suggestive (...) of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)

Forensic evaluations of insanity have recently borne witness to an influx of neuroimaging methods, especially structural and functional magnetic resonance imaging and positron emission tomography, to assist in the development of explanations that help to excuse legal responsibility for criminal behavior. The results of these scanning methods have been increasingly introduced in legal settings to offer or support a clinical diagnosis that in turn suggests that an individual was incapable of knowing right from wrong, or to pinpoint brain dysfunction suggestive (...) of an inability to control behavior. This paper examines how neuroimaging has been employed in insanity evaluations. After addressing the contentious use of neuroimaging scans in insanity evaluations and synthesizing relevant research, we conclude that such scans presently hold limited applicability for forensic determinations of insanity. Furthermore, they can in some cases distract the trier of fact, potentially leading to erroneous conclusions. (shrink)