Should criminal psychopaths go to Jail in the UK? 

 

On first approaching this title, many would automatically assume the answer is yes, as our justice system and society is based off the total belief in free will and human autonomy, leading to the simple of equation of- committing a crime= receiving a punishment.

However on deeper analysis, the definition of a psychopath is ‘a mentally unstable person with a lack of remote for ones actions, an absence of empathy for other, and often criminal tendencies’, begging the question of can they be truly guilty. Psychopathy is directly associated to a DSM-5 personality disorder- antisocial personality disorder, which correlates to many behavioural problems. Due to their innate ability to not regard others or their feelings, it makes them perfect candidates for crime. The biological explanation of this disorder, is a shortened MOA gene, therefore farthing posing questions of should people inflicted with this disorder go to jail or a hospital, like where we would treat any physical ailment- why should a mental abnormality and ailment be any different and result in punishment? In 1997 a study was performed to see how many people in England and Wales jail population were psychopaths. It was discovered that 7.7% of men and 1.9% of women were diagnosed psychopaths, therefore 9.6% of the UK population, which is a clear overrepresentation as only 1% of UK inhabitants are psychopaths. This is an important percentage of the jail population as unlike most of their inmates they committed their crimes because of their DNA and not their circumstances. 

 

Many serial killers are in fact psychopaths and when asked about their crimes tend to have little to no remorse or empathy for their victims. The FBI describes a serial killer as a killer that has committed at least 3 murders over a time period of 3 year in 3 different locations with an emotional cooling period. With psychopaths committing some of the most disturbing crimes and many believe that they should be punished accordingly for their crimes. However very few take into consideration the mental capacity of these criminals and whether it is right or not to trial and punish them the same as those without the disorder. 

To fully understand the nature of psychopaths, so that criminal psychopaths are punished properly, we need to discover whether they are born or bred as they make up at least one percent of the population scientist are eager to find the answer. This ties into the age long question of nature verses nurture and it is particularly important on the subject of psychopaths, scientists want to know if psychopaths are a product of society and upbringing or because of their genes, they are born into this disorder. Some believe that it is a combination of both, if you are born with psychopathic genes and are brought up in circumstances that’s allow those genes to thrive then they are more likely to display psychopathic tendencies. Perpetua Neo, a therapist and specialist in dark triad personality types said that: “Evolution doesn’t care about how altruistic you are, or how much good you do. Evolution only cares that the genes are passed on and they fit a certain environment. So, because of that, it can't really weed out psychopaths and narcissists.” This idea that psychopaths cannot be weeded out of society because of the genes they carry, then means that those who end up facing charges must be tried and punished normally according to the law as there is no reforming them, due to their DNA. Neo believes that because of the prominent gene they have, it is better for society to learn more about the individuals, and their patterns of behaviour that will help in recognising them rather than trying to change who they are. Helping people to understand and acknowledge those with psychopathic behaviour will stop a lot of psychopaths from later committing crimes. This will then mean that their punishment will be less significant as reformation will start from a younger age. 

 

Many serial killers tend to be psychopaths because of the demands that such a thing would take. Some may know what they are doing is wrong however, they have pleasure from performing these acts. Jeffery Dahmer knew what he was doing was wrong, so he was intoxicated before all of his murders, but he couldn’t stop because of the desire that killing brought him. Most homicides are committed through rage or disputes between people that know each other, serial killers kill because of the desire they have either for sexual pleasures or power of being in control. So then do serial killers also have a genetic predisposition to kill? If they are born this way, then they cannot be punished equally for something that they were born to do compared to someone who had every option not to. Serial killers tend to be born with abnormally low levels of dopamine or the receptors meaning that it takes a lot more to stimulate excitement or motivation, therefore the acts they perform are much more dire in order for them to feel a fraction of the excitement as someone else. The cause of this low dopamine is the mutation of the MAOA gene that a lot of serial killers seem to have, which cause Brunner syndrome, characterised by impulsive behaviour, sleep disorders and mood swings. A study was done by Professor Jari Tiihonen who analysed the genes of 895 Finnish criminals and found that monoamine oxidase A (MAO) and the CDH13 gene correlate to extremely aggressive and violent behaviour. Serial killers also tend to be born with extremely high levels of testosterone compared to the average male meaning that they are more likely to be violent and have short tempers. High testosterone levels can also contribute to the narcissism that has been shown to be a common trait in serial killers. If the genetic make-up of a person makes them naturally more violent towards others, then their criminal activities shouldn’t come as a surprise to anyone. Since they are more likely to become aggressive, then actions should be taken to change their behaviour rather than suppressing it by imprisoning them. 

Therefore concludes that instead of jail, psychopaths should be given rehabilitation and training on how to live in society, and if they are incapable of this, be taken to a secure unit, that isn’t punishing them for their disability but helping them and protecting society.