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Psychopathy, Homicide, and the Courts

Working the System

Forensic Laboratory, National Bureau of Investigation and University of Helsinki, helina.hakkanen{at}helsinki.fi

Robert D. Hare

University of British Columbia and Darkstone Research

This study investigated the effects of psychopathy on homicidal postoffense behavior, denying the charges at court, appealing the lower court conviction, and final sentencing. A sample of 546 offenders prosecuted for a homicide and convicted in Finland during the 1995—2004 period was examined. Their postoffense behavior, self-reported reasons for the killing, charges, sentences, and psychopathic traits, as measured by the Psychopathy Checklist—Revised, were coded from official file information. Offenders with high scores were more likely than others to leave the crime scene without informing anyone of the killing, to deny the charges, to be convicted for involuntary manslaughter rather than manslaughter or murder, and to receive permission from the Supreme Court to appeal their lower court sentence. Given the risk that psychopathic offenders pose for violent crime, the finding that they are able to manipulate the criminal justice system is cause for concern.

Key Words: psychopathy • homicide • impression management • sentencing • post-offense behavior • judicial decisions

Criminal Justice and Behavior, Vol. 36, No. 8, 761-777 (2009)
DOI: 10.1177/0093854809336946


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