A decade ago, brain imaging research on anti-social tendencies was in its early years. As the number of these researches grows, the evidence linking brain deficits to psychopathic behavior continues to grow. Findings from numerous reviews of brain imaging studies indicate that physical differences or abnormalities in the brain structures like the prefrontal cortex, temporal cortex, amygdala-hippocampal complex, striatum, and the corpus callosum are strongly associated with psychopathic behaviors (Patrick, 2018). It has also been discovered that differences in brain functioning in empathy, attention, acute threat responding, reinforcement-based decision making, and response control dimensions, underlie the expression of psychopathic behavior. Abnormally of brain structure and function that underlie the expression of psychopathic behavior may pass as a mental illness in the criminal justice system; whether psychopathic suspects are criminally responsible but not morally responsible for the crimes they commit is a question of discussion.
Preventive detention of mentally ill suspects in unconstitutional due to reasons see fit by the criminal justice system. Rehabilitation has often been recommended by the justice system to the mentally ill. Recidivism has also been reduced through the collaboration of mental health and the justice system. However, it would be wise for the criminal justice system to preventively arrest and sentence dangerous psychopathic suspects instead of waiting until innocent victims are hurt to make the arrests. From there, rehabilitation to reduce recidivism should be accompanied by a moderate jail sentence.
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In conclusion, brain structure and function that underlie the expression of psychopathic behavior may have implications in the sentencing, rehabilitation recommendations, and recidivism rates in the criminal justice system.
Reference
Patrick, C. (2018). Handbook of Psychopathy (2nd ed.). Guilford Press.
