Psychopathy and Criminal Responsibility in Contemporary Criminal Justice Systems

Abstract Book of the 10th World Conference on Social Sciences and Humanities

Year: 2026

[PDF]

Psychopathy and Criminal Responsibility in Contemporary Criminal Justice Systems

Prof Dr. Mihaela Rus

ABSTRACT:

Psychopathy represents one of the most controversial and complex concepts at the intersection of Forensic Psychology and criminal law. Characterized by emotional detachment, lack of empathy, manipulative behavior, impulsivity, and persistent antisocial tendencies, psychopathy raises fundamental questions regarding criminal responsibility, moral accountability, and the offender’s capacity to understand the consequences of criminal conduct. Contemporary criminal justice systems continue to face significant challenges in balancing traditional legal principles of culpability with modern psychological and neuroscientific findings concerning psychopathic personality structures.
This paper examines the relationship between psychopathy and criminal responsibility from both forensic psychological and legal perspectives. The analysis focuses on the diagnostic criteria of psychopathy, the distinction between psychopathy and other mental disorders, and the relevance of psychopathic traits in assessing criminal liability. Particular attention is devoted to the role of forensic psychological evaluations in determining the offender’s discernment, degree of dangerousness, and risk of recidivism. The research also addresses the controversial issue of whether psychopathy should mitigate, aggravate, or have no effect on criminal responsibility within contemporary justice systems.
Furthermore, the study evaluates the implications of psychopathy in sentencing policies, preventive measures, rehabilitation programs, and penitentiary management. Through an interdisciplinary approach combining criminal law, criminology, and forensic psychology, the paper highlights the necessity of developing coherent legal and psychological frameworks capable of addressing the complexity of psychopathic offenders. Ultimately, understanding psychopathy is essential for ensuring effective criminal justice, protecting societal interests, and improving the balance between punishment, prevention, and rehabilitation.

Keywords: Psychopathy, Criminal Responsibility, Criminal Liability, Antisocial Behavior, Criminal Justice System, Dangerousness Assessment, Recidivism, Forensic Evaluation, Personality Disorders, Criminology, Offender Rehabilitation