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This post is one of my most often visited posts, yet has relatively few comments.  Any other real world experiences to share?

First of all blackmail is always a contest of wills.  Often reverse blackmail is possible — ‘carry out your threat and I’ll have you arrested’ or “you think you couldn’t be identified in that picture?”  To have the  blackmailer on tape would be very useful, use a cellphone or a discreet tape recorder.  I am not a lawyer, but I believe a tape of even a “your secret is safe with me” or a joking (but not really) threat would still carry weight in court.  Implied threats would be more problematical but worth noting.

Could a blackmail threat be subliminal?  Subliminal extortion is certainly possible.  If one loans too much money to a sociopath, there is a stress to keep loaning money lest the earlier amounts never be paid back.  (But of course, they almost never will be – one has to wake up and stop throwing good money after bad.)

But back to blackmail.  I don’t know what this searcher’s situation is, my experience involved what I assumed to be sexual blackmail taking place in a workplace.

Blackmail of course relies on the cooperation of the victim who is counted on to have as much interest in not going to the police as the blackmailer does.  For the sociopath this makes it almost a perfect crime, a crime without consequence to the perp.  Further if the sociopath can blackmail others into doing his dirty work, slander or murder etc., he’s protected on these additional crimes.   The victim needs to understand that blackmail is rarely a onetime thing, the victim is really entering into a criminal compact with the blackmailer that can last for years.

You do not want to be blackmailed. You may start by feeling ‘this is insane.’  But as the years go by the insanity becomes a way of life.  If it’s in a job situation, leave, asap — the situation is not manageable.

Depending on how tough of a strategy you wish to use, you might want to file harassment or even stalking charges against the blackmailer.  You might also want to check your local laws and get a concealed carry permit (but don’t threaten the sociopathic blackmailer directly, just let the word out).  Regarding a concealed carry I would suggest never threatening a sociopath with a gun.  The sociopath will sense, before you know yourself, whether you have the will and intent to use it.  That’s their prime ability, reading others’ emotional states.

Let me add a couple searches here.

what is reverse blackmail?

Blackmail always presents the opportunity of reverse blackmail, namely, ‘if you do what you threaten, then I’ll have you jailed for blackmail, your choice.’  It’s an ‘out cooling’ strategy.  You can’t pull it off if you are playing however.  You need to really believe you can do it, so practice etc.  Otherwise a sociopath will see right through the attempt.  The reverse blackmail has to be true to your personality, you might chose humor and joking.

does blackmail lead to further blackmail?

Absolutely, often a lifetime of blackmail.  Sometimes it seems someone will accede to a blackmail demand as a way to preserve their world and their life as they know it — but then the blackmailer will essentially move in and take over their life.  No sociopath will ever be bound by a promise of ‘do this and then you’re free.’  That’s why it is worth fighting the initial blackmail attempt tooth and nail (reverse blackmail, building a harassment case, getting a concealed carry permit, etc.).

will a sociopath carry out a blackmail threat?

I think they would be extremely cautious about doing so.  The whole advantage of a successful blackmail is that the perpetrator is not exposed to any danger, the victim in effect becomes his accomplice.

 

For Years, Deaf Boys Tried to Tell of Priest’s Abuse

They were deaf, but they were not silent. For decades, a group of men who were sexually abused as children by the Rev. Lawrence C. Murphy at a school for the deaf in Wisconsin reported to every type of official they could think of that he was a danger, according to the victims and church documents

http://www.nytimes.com/2010/03/27/us/27wisconsin.html?ref=global-home

Staring Abuse Straight in the Face

After Years of Suffering, Former Students of St. John’s School for the Deaf Confront the Priest Who Assaulted Them As Boys, Demanding He Accept Blame

http://www.bishop-accountability.org/news2006/03_04/2006_03_27_Zahn_StaringAbuse.htm

The Catholic Church (and all organizations where the “wolves can hide out among the sheep”) should use brain scanning technology to help recognize sociopaths.  Of course this could also be extended to applicants for “belly to the bar”, “snout in the public trough” jobs such as politicians and union officials.  It absolutely should be used in parole decisions regarding pedophiles, rapists and murderers (indeed, some could be sent straight from prison to mental hospitals — or if legal evidence is not sufficient sent straight to mental hospitals).

Abnormal Brain Region Characterizes Those With Psychopathy

The amygdala has been found to be smaller in psychopathic individuals than in nonpsychopathic ones. A smaller amygdala might explain why psychopathic individuals lack empathy and are not fearful.

Adrian Raine, D.Phil., chair of criminology at the University of Pennsylvania, has a passion. It is peering into the brains of antisocial people to see whether their brains differ from those of people who are not antisocial.

He is finding that such a difference does in fact exist.

http://pn.psychiatryonline.org/content/44/20/17.2.full

More information on Raine’s work can be found here:  http://www.zoominfo.com/people/Raine_Adrian_2506012.aspx

Kent Kiehl has done extensive work with a mobile MRI scanner in prisons.  His work:  http://www.zoominfo.com/Search/ReferencesView.aspx?PersonID=24001607

I often get searches asking how to beat a sociopath in court. I keep intending on writing a “major post” but haven’t gotten around to it. The short answer to both searches is that I don’t know. So here’s a thinking aloud post.

In trying to answer “How to cross-examine a sociopath?” I’m aiming at jarring the sociopath into revealing their true self. I’m trying to find that “cape of red,”  that challenge that can’t go unanswered.

Unfortunately, this still will not usually happen. I’ve worked at a number of law firms, and for the times I’d hear, “The opposing party has a real temper, we’ll try to get him to blow up on the stand,” I rarely heard of it actually happening.  However, I’m betting it happens more often with sociopaths. The prosecution team must have thought they had died and gone to heaven when Wayne Williams said, “You want to see the real Wayne Williams, I’ll show you the real Wayne Williams.” So here goes:

1. All sociopaths are in a state of arrested development. Try to figure out where personality development stopped (from 6 to 12, more or less) for that individual. Target your approach for that age.

2. The sociopath will have a child’s emotional hypersensitivity corresponding to that age. Recall Clinton’s airplane seating takedown of Newt Gingrich (http://community.seattletimes.nwsource.com/archive/?date=19951116&slug=2152925, http://www.thewire.com/politics/2012/01/where-crybaby-gingrich-meme-came/47093/, https://pathwhisperer.info/2012/03/01/frequent-search-newt-gingrich-sociopath-fer-shure-fer-shure/).

3. Since sociopaths live in a pejorative universe, state things as pejoratively as possible. What’s important to them are the emotions behind the words, words themselves are simply tools. In Keith Morrison’s interview of David Hampton (the subject of Six Degrees of Separation), David Hampton was essentially bragging about his lying prowess. Morrison then said (paraphrasing) ‘you know what I think? I think you’re nothing but a goddamn liar‘. David Hampton then threw his glass of wine in Keith Morrison’s face. I believe it was that derisive ‘goddamn liar‘ and its negative connotations that did it.

Once I was called into HR (at Lehman Brothers) for handing out 8-10 pages (from Hare’s Without Conscience and Cleckley’s Mask of Sanity) to friends on recognizing sociopaths. (I wouldn‘t do this again, there is no way to learn that from reading material alone.) When I told the SVP why, she suddenly started screaming at me, ‘we have 15,000 employees, of course we have sociopaths working here’ — and then she collected herself. This sociopathic SVP interpreted my comment as criticism of sociopaths working there, imo, and this was too threatening to maintain ‘her cool’.  In this case, it was regarding one of the two most monstrous sociopaths I’ve ever known.

4. From both David Hampton and that SVP I concluded that the self control of a sociopath is only relative, that it is difficult for them and can slip at any time under the right pressure. That’s what the cross examiner should aim for. (I also concluded from that SVP that sociopaths recognize and protect each other. If at all possible screen the jury to prevent the seating of fellow sociopaths.)

Ask medical or dental personnel how often they run into patients who attack them upon their giving injections.  This is one point where the curtain is ripped away and the sociopath (some sociopaths) will react like an animal under attack — all self control is thrown aside by the dictates of self defense.

5. Show as much disrespect as you can get away with.  In sociopathic biker/criminal gangs no one lights another’s cigarette just to be friendly.  It is all defined by the food chain pecking order.  Similarly being polite is taken as respect for their place on the food chain vis-a-vis yourself.  We were all taught to do unto others as we would have done unto us — this is totally misunderstood by sociopaths.  Speaking for myself, I was raised a Quaker and I find it almost impossible not be stay polite.  However, looking back, there were definitely times when that was a mistake.

6. Sociopaths are very elemental. Such simplistic tactics as having someone stare at them can be very unsettling for them.  Or put together a legal team of big, imposing individuals.  They seem to think that the civilized world is only onion skin thin and at any time the world could revert to the law of the jungle.  You want them to stay off kilter.

7. Depending on the circumstances, the cross examiner may want to let the sociopath ramble in order to disclose their arrogance and disordered thinking.  Rodney Alcala (https://pathwhisperer.wordpress.com/2010/03/03/psychopath-on-tape-rodney-alcala/), Rabbi Israel Weingarten (https://pathwhisperer.wordpress.com/2009/03/08/incest-dad-represents-self-in-court-cross-examines-daughter/), and Jon Alexander (https://pathwhisperer.wordpress.com/2008/11/15/october-and-november-items-with-that-sociopathic-flavor/, http://www.popeater.com/2009/09/01/top-model-designer-gets-life-in-prison/ http://www.fashionlurve.com/tag/anand-jon-alexander/) did themselves no favors by being their own counsel.  Imo, their mistake was not imagining they could lose, being pathologically optimistic.

8.  Find a way to call out a sociopathic party or witness for fake tears and grief.  Of course it is considered bad form to question another’s expression of grief but this is a tactic sociopaths use all the time.  Recall Steinbrenner’s “tears” on the stand, or Jesse James’ recent performance, http://www.popeater.com/2010/05/21/jesse-james-nightline-video .

9.  Read The Psychopath’s Bible, http://www.scribd.com/doc/11554313/The-Psychopaths-Bible (or if you can find one, read the original).  This is one of the most stunning things in the world, it’s absolutely for real.  As the psychopathic authors attest:  “One of the axioms of life is this: even if you tell the truth—perhaps because you tell the truth—no one will believe you.”  Well, I believe them.

These later posts might also be of interest:  https://pathwhisperer.info/2015/09/30/teasing-truth-out-of-communications-with-psychopaths/, https://pathwhisperer.info/2017/04/11/from-quora-select-paras-from-how-do-you-bring-down-a-psychopath-psychologically/.

Taped in 1978 for The Dating Game:   http://www.youtube.com/watch?v=qpy5AZsEnLg

Timeline:  http://latimesblogs.latimes.com/lanow/2010/02/rodney-alcala-guilty-in-slayings-of-girl-and-4-women.html

http://www.laweekly.com/2010-01-21/news/rodney-alcala-the-fine-art-of-killing/

http://www.ocregister.com/articles/alcala-235638-murphy-samsoe.html?pic=1

This post has received quite a number of visits.  Originally I had no text, only these photos.  Among what I look for are:

  • the proverbial sociopathic hollow eyes described by Cleckley (his book Mask of Sanity is linked to on the right) and Hare (as I recall) — negative in this case
  • adult inappropriate mannerisms and small behaviors that seem to indicate a child in an adult’s body — negative (still images are not optimal for this of course, this is further complicated by us all still containing our child selves)
  • sociopathic level of arrogance and contempt — positive
  • reptilian coldness — positive.

None of these are definitive, but here we have Alcala’s behavior which is absolutely sociopathic.

Additional Alcala post added later:  Rodney Alcala’s Killing Game

Paterson Sex Scandal In The Works? Media Abuzz About Possible ‘Bombshell’ Storyhttp://www.huffingtonpost.com/2010/02/05/paterson-sex-scandal-in-t_n_451681.html

It seems there is a gang stalking campaign against New York’s governor.  To sociopaths truth is of no value at all — there is no truth value to the truth.  What is of value is what can be made to stick, what can cause damage.

The campaign has taken place across multiple media outlets, in particular, the New York Times, the NY Daily News, the NY Post and the local Fox station, among others.  The campaign seems to have been built on rumors of a yet to be published New York Times article. The New York Times claims no involvement, no responsibility for what other media outlets are doing.  This is sociopathically outrageous and slimy.  The New York Times should have either shut down the rumors by denying the story existed or hurried the article to take the story out of the realm of steamrolling, backstabbing rumor. Then facts or purported facts could be ascertained and dealt with.  However, the accent here was on the steamrolling of a supposed scandal, which formed the basic method of this gang stalking strategy.  From the standpoint of the stalkers, this campaign was designed to gain strength and constantly get bigger over time, hopefully overwhelming the target, Gov. Paterson.

Simultaneously with the rumors of misbehavior there have been multiple stories of Paterson’s plans of imminent retirement.  First they pile on, then they offer a way outThis is a pure sociopathic bullying strategy.

The other day I caught Fox 5 leading off with a story on “What is Gov. Paterson up to” (referring to his possible resignation in face of the supposed scandal).  This of course infers that Paterson was up to something — as opposed to his just standing there, saying ‘What the hell?!  Where are these brickbats coming from?”

I even came across a post on the DemocraticUnderground.com titled “Why the hell is Paterson so determined to stick it out?” http://www.democraticunderground.com//discuss/duboard.php?az=view_all&address=389×7687408.  Well maybe false charges don’t scare him?  Personally I wouldn’t cross a street in response to false charges.

However this gives us insight into the sociopathic mind. I have seen many times that sociopaths don’t hesitate at all to accept and take great pleasure in false honors.  The “deservedness”  is of no consequence to them. In addition words seem to have some tangible reality to them, in and of themselves — as opposed to the reality that words only have meaning in reference to what they are describing.  So the falsely gained praise or honor is of great value to individual sociopaths.  Similarly in this case, they seem to be demonstrating that a false attack is just as real to them as a false honor.  Both would apparently hold sway over them personally.  This attack on Paterson says much more about themselves than it does about Paterson.

On the Larry King show, Gov. Paterson made the plea for “simple human decency,” as I recall, in calling for the NY Times to say what they have to say — so he would know what he faced.  Indeed.  It is amazing to me how little simple human decency exists in sociopathic assaults on reputations.  The sociopaths and their corrupt allies have none at all.  If the consciences of the corrupt ever come to the fore, the corrupt look to the guidance of the sociopaths to beat that conscience back down.  This is the true value of the sociopath in corrupt enterprises — they blaze the conscienceless trail.

Strangely, third parties also seem to rarely exhibit this simple human decency, watching disinterestedly from the sidelines while the target writhes like an insect caught in a spider’s web, fighting to regain his feet, his equilibrium.  I don’t know why this is — anyone deserves to know the charges against them, in a court of law or in daily life. Perhaps it’s a combination of most people being unable to conceive of themselves being under this kind of assault, or the bigger the lie the easier it is to swallow, or people just assuming where’s there’s smoke there must be fire.

Here David Paterson did know some of the shadow charges against him.  In other varieties of sociopathic bullying campaigns the target may not know any of the charges and only see “friends” dropping away or feel like the solid earth underfoot has become brittle and hollow.  Or still another variety is invisible to third parties.  The diabolical nature of and effort put into these bullying campaigns can be extraordinary.

Updates with PW comments:

The New York Times’ Paterson story:  http://www.huffingtonpost.com/2010/02/16/new-york-times-paterson-b_n_464893.html?show_comment_id=40442659#comment_40442659

Paterson Bows Out of N.Y. Governor Race:  http://www.truthdig.com/eartotheground/item/paterson_bows_out_of_ny_governor_race_20100226/

“Dr. Robert Hare, who did seminal work in identifying psychopaths, refers to them as intraspecies predators.” This prompted questions from a Lovefraud reader who asked,

  • If psychopaths are indeed natural predators (by implication, their design is part of nature’s plan to maintain some balance) then would we ever be able to weed them out of society?
  • Do they have a purpose in the natural order of things?

In this article, I’m going to address the second question. Then, next week, I’ll suggest an answer to the first question.

I don’t know about a purpose, but there are researchers who believe psychopaths are around us today because they survived the natural selection process of human evolution.

These researchers call psychopathy “a nonpathological, reproductively viable, alternate life history strategy.” This theory is outlined in Coercive and Precocious Sexuality as a Fundamental Aspect of Psychopathy, a paper published in 2007 by Grant T. Harris, PhD; Marnie E. Rice, PhD; N. Zoe Hilton, PhD; Martin L. Lalumiere, PhD; and Vernon L. Quinsey, PhD.”

http://www.lovefraud.com/blog/2010/01/18/the-psychopathic-personality-and-human-evolution/

This article was written by Donna Anderson at  Lovefraud Blog.  The comment I posted is below.

I think it’s worth looking at other species. Another phrase with the same meaning as ‘intraspecies predator’ is biological ‘cheater strategist’.

Some spadefoot toad tadpoles become cannibals while the rest eat the normal algae (http://www.centre.edu/web/news…..storz.html). If there is enough food and the water doesn’t dry up (which is the norm) the normals keep their numbers up and things are more or less in balance. If the ponds dry too quickly then the faster growing cannibals are much more likely to survive to adulthood and reproduce. If the proportion tips in favor of the cannibals they eventually have to turn on themselves and the population crashes. In the rebuild, the normals again come to the fore. Rinse. Repeat.

Spadefoot normal and cannibal tadpoles

Imo, the achilles tendon of psychopaths is parenting. Being in a state of arrested development themselves and pathologically ego-driven, they are incapable of nurturing healthy children.

On a side note, there is also a question of the evolutionary relationship between normals and psychopaths. Specifically there seems to be a biological prohibition that keeps normal human females from recognizing psychopaths. It’s a defect that might as well be invisible to them (in the majority, imo). Why would this be?

I used to think that psychopaths simply had the “evolutionary jump” on normal women, in the same way that introduced predators have on island animals that have never experienced predation. Forgive this example, but the most well known instance of this is probably the flightless pigeon, the dodo, that sailors could just walk over to and hit on the head. In this scenario human females would simply not have evolved a response quickly enough.

However what does evolution “want?” Evolution simply passes on genetic traits that produce greater number of offspring that survive to maturity and reproduce themselves. So evolution “wouldn’t care” (“want” and “wouldn’t care” are simply shorthand ways of speaking) if the father was a normal or a psychopath. If a psychopathic child grew up and murdered their mother, if it was past the mother’s childbearing years, then this would be of “no concern” to evolution. In evolutionary terms, the passing on of one’s genes, that mother would still be an evolutionary “winner.”

In otherwords I’m now inclined to believe that normal women have an evolved blindness to male psychopathy. When I first read Cleckley’s Mask of Sanity I found it very hard to believe the stories of normal female/psychopathic male interactions. However the sheer number wore me down and then I started seeing examples in real life (actually I had often seen real examples but now I could recognize them for what they were).

So where does this leave us? I dunno . . . .

I’m bringing in the two comments below to expand the main idea:

durr

A leeetle angry at the ladies, eh?

pathwhisperer

That’s not the way I look at it. Have you ever read “Mask of Sanity” or witnessed/experienced a female devotee’s devotion to a male psychopath? “Devotee” is a description I proudly claim originator of, in this context. (Obviously there are male devotees also, but I believe they’re relatively rarer and qualitatively different.) There comes a point where there is nothing a female devotee can’t explain away, nothing about the beloved psychopath that the devotee can’t translate into acceptableness. Challenger: “You don’t know his last name.” “You don’t know his first name.” “You don’t know where he lives.” “You don’t have his phone number.” “Did you know he spent time in prison and/or a mental hospital?” “He derides you in public, saying he’s only playing you.” Devotee: “Oh yes, he explained that all to me. And the last, why that’s just locker-room tough talk.” Challenger: “OK, maybe I was wrong, please share and enlighten me.” Devotee: “Oh no, he requested my confidentiality.” Challenger: “Ahhhhhhh! . . . But, . . he throws passes at all of your friends!” Devotee: “That mad impetuous boy, he doesn’t know what he wants. I’m the one he needs, the only one who understands him!” Challenger (the long defeated challenger): “He has no more feelings for you than an alien reptilian shapeshifter illusionist!” Devotee: “Oh pshaw, you don’t think a mother knows her little defiant two year old!!!” Not those words exactly of course, but the impluse, the intensity, the root cause is identical. The “hook” of the male sociopath is triggering aspects of the mothering instinct.

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I posted this in response to Benjamin Barber’s post at HuffPost, “It’s the ‘Public’ not the ‘Option’ in ‘Public Option’ that Counts,” http://www.huffingtonpost.com/benjamin-r-barber/its-the-public-not-the-op_b_389441.html.  His argument was that the Democrats are losing the war of words in defense of the value of the public sphere or public good by dropping the phrase public option from the healthcare reform (sic) bill.

The fact that the Dems are losing the war of words is symptomatic of a very deep flaw in the Democratic Party, imo. The mental illness at the extreme end of the Democratic Party is narcissism (as opposed to the mental illness of extreme Republicanism, sociopathy, that of the ‘whatever’s for me, is the good” of the Randeroids [Ayn Rand, not Rand Paul, who has turned out to be a hero fighter for the constitution and covid /vaxx sanity].

By narcissism I mean the overvaluing of the mind over the emotions, or the mind over the soul. Narcissism runs the gamut from a lightly worn modality of thought to the rigid malignant narcissism of Peck’s People of the Lie. Narcissists lose the ability to communicate to non-narcissists because they are totally alienated from the “motivations of the soul.” Thus the Democratic Party, by and large, has lost the ability to connect with the working class and vast swaths of middle America.

What’s wrong with Kansas” is not merely a question of what’s wrong with Kansans but also a question of what’s wrong with the Democratic Party that can’t reach Kansans. People will simply not vote for individuals they can’t relate to or who are unable to speak to them in ways that make sense, both intellectually and emotionally. So the conartists of the Republican Party step in [my old self said this].

The war-of-words is lost on too many Democrats (it’s all “bloodless” negotiating to them) as great opera is lost on the tone deaf.

[NOTE:   Originally I was thoroughly a Democratic progressive MSNBC listener.  My conversion happened during the Obama Deception presidency.  Also originally I distrusted the Tea Party.  It now turns out that they are, just about, the Constitution’s only organized defenders.  Occupy, Tahrir Spring, etc. have gone, the Tea Party is still here, congratulations.  Progressives, imo, have proven to be more interested in basking in their own goodness than in dealing with the real world.  Finally I consider today’s Democratic Party to be the retard children led by the evil.  It’s a cult of true believer koolaid drinkers.  August 29, 2022.]

Why Is the Whistleblower Who Exposed the Massive UBS Tax Evasion Scheme the Only One Heading to Prison?

A former banker for the Swiss giant UBS who blew the whistle on the biggest tax-evasion scheme in US history is preparing to head to prison tomorrow to begin serving a forty-month federal sentence. Bradley Birkenfeld first came forward to US authorities in 2007 and began providing inside information on how UBS was helping thousands of Americans hide assets in secret Swiss accounts. We speak with his attorney, Stephen Kohn [of the National Whistleblowers Center], the executive director of the National Whistleblowers Center.

http://www.democracynow.org/2010/1/7/why_is_the_whistleblower_who_exposed

UBS Whistleblower Begins Jail Sentence

http://www.democracynow.org/2010/1/11/headlines#12

Can’t call the criminal hypocrites on their true actions now, can we?  Encrypted PCs, what encrypted PCs?

From my post, Sociopathic throughlines (https://pathwhisperer.wordpress.com/2009/04/15/sociopathic-through-lines/):

“What then separates the SAPs [socially adept psychopaths] from the failed (and caught) sociopaths? . . .  The continuum is a scale of talent at being hypocritical.  The advanced SAPs are simply magnificent hypocrites – able to bide their time, be patient, realistically assess their position in the food chain (the concept of the food chain is central to sociopath life stories), restrain their arrogance, desire for dominance and rudeness and wait for opportunities without consequence for indulging their sociopathic wants, etc.  Hypocrisy is simply their main lifetool, as swimming is the main lifetool for a fish.”

Earlier related post:  https://pathwhisperer.wordpress.com/2009/02/26/ah-so-thats-why-ubs-had-us-study-how-to-prevent-money-laundering/


AP / Adem Hadei

An Iraqi woman takes her dead son into her arms. The 6-year-old was killed on the way home from enrolling for his first year of school.

http://www.truthdig.com/report/item/the_pictures_of_war_you_arent_supposed_to_see_20100104/

“BUGSPLAT” PREDICTS BOMBS’ IMPACT

U.S. military has developed new software that more accurately predicts the impact of a bomb . . . named “Bugsplat”

http://defensetech.org/2003/02/22/bugsplat-predicts-bombs-impact/

“A defendant’s fMRI brain scan has been used in court for what is believed to be the first time.

Brain scan evidence that the defense claimed shows the defendant’s brain was psychopathic was allowed into the sentencing portion of a murder trial in Chicago, Science reported Monday. Brian Dugan, who had been convicted of the rape and murder of a 10-year-old, was sentenced to death, despite the fMRI scans.”

http://www.wired.com/wiredscience/2009/11/brain-scan-murder-sentencing/

The intent of the defense was to claim that the defendant was not fully culpable due his psychopathyDid this strategy work?  Of course not. In the real world, do individuals ever forgive or absolve of responsibility their victimizers upon realizing the victimizer is a psychopath?  No.

fMRI Evidence Used in Murder Sentencing

Dugan exhibits the antisocial behavior, inpulsivity, lack of remorse, and other characteristics of psychopathy in spades, says Kent Kiehl, a neuroscientist at the University of New Mexico, Albuquerque, and the Mind Research Network, who served as an expert witness for the defense. Dugan scored 37 out of 40 points on the standard diagnostic checklist for psychopathy, putting him in the 99.5th percentile, Kiehl says.

Kiehl conducts research on psychopathy in New Mexico state prisons in which he and colleagues collect life histories, anatomical brain scans, and fMRI scans of brain activity as inmates perform various tasks, including tests of moral reasoning. Using scanners at Northwestern University, Kiehl ran Dugan through a similar battery of tests. Kiehl testified that Dugan exhibited abnormalities similar to those he and others have reported in other psychopaths. Kiehl says he was careful not to stretch beyond what the data show. He didn’t claim, for example, that the brain scans prove that Dugan committed his crimes as a result of a brain abnormality. “It’s just one piece of evidence that his brain is different,” he says.

. . .

[from the comments] I think it would be easier to sentence such a total psychopath to death because he is missing an essential piece of whatever it is that makes us human.

http://blogs.sciencemag.org/scienceinsider/2009/11/fmri-evidence-u.html.

I think that comment reflects the way people really think.

These legal strategists need to get out in the real world more.  Maybe take a Greyhound bus from Harrisburg, PA to Omaha, NE or just have beers at the corner bar more often.

Basically I like the idea of brain scans being brought into court — but for the exact opposite reason.  I think the psychopathic guilty would be found guilty more often than they are now.  And that they would be put away for longer sentences.  Juries would know that they weren’t dealing with daily reality.  I believe juries try very hard to walk in the shoes, place themselves in the position of the accused to try to understand the accused’s behavior.  But this assumes that the psyche they are trying to get into is similar to theirs.  This is simply not true for psychopaths.  Thus juries would have to think differently in approaching guilt and innocence in  trials of psychopaths — which I believe they could and should do.

Now obviously there could be a danger of such a situation being too prejudicial.  So this idea would need to be fine tuned, tried out with sample juries, etc. or confined to the most serious crimes or crimes with a high potential of psychopathic actors.  Perhaps it could be restricted to such felonies as pedophilia, child murder, rape and murder.

It would also open up the possibility of involuntary commitment of psychopathic individuals of danger to society, which would have different standards of evidence from a legal trial.  For example, the prolific serial killer Dr. Swango (http://en.wikipedia.org/wiki/Michael_Swango) should have been incarcerated in a mental hospital years earlier than when he was eventually found guilty.

Michael Swango, M.D.

For some background info and links:  Neurolaw and Psychopath (http://lawneuro.typepad.com/the-law-and-neuroscience-blog/2009/08/neurolaw-and-psychopathy.html).   The Law and Neuroscience Blog seems to think that brain/genetic research on psychopaths will “change our perception of their moral and legal culpability.”  We shall see.  I predict the exact opposite.