Professional Documents
Culture Documents
emotion, and appetite (symbolized as the man, the lion, and the dragon, with the last
a demanding, capricious, veritable Freudian Id). Health is defined in repressive terms
as the man, helped by the lion, keeping the dragon in its place. Plato’s account differs
from contemporary analyses in seeing the aethiological process as one of killing off
controls rather than failing to grow or mature them. On the issue of conscience in the
psychopath, he is with those who find it repressed rather than non-existent. And, of
course, he has not stripped off neurotic components. But he has gone far in recog-
nizing a distinct type, in delineating its central symptom of amorality, and probing for
its underlying mechanisms and quality of feeling.
Cleckley, in his 1941 and 1950 editions, considers the psychopatliic personality
to be a form of psychosis because of the lack of integration of the affective com-
ponents into the personality. Cleckley lists the following characteristics :
1) Superficial charm and good &dquo;intelligence&dquo;.
2) Absence of delusions and other signs of irrational &dquo;thinking&dquo;.
3) Absence of &dquo;nervousness&dquo; or psychoneurotic manifestations.
4) Unreliability.
5) Untruthfulness and insincerity.
6) Lack of remorse or shame.
7) Inadequatly motivated antisocial behaviour.
8) Poor judgement and failure to learn by experience. ,
opposed to the garlic type, that continues to bother society long after it has ceased
bothering the ingester.
One can also classify these people under the official four categories of:
1) Antisocial Reaction.
2) Dissocial Reaction.
3) Sexual Deviation.
4) Addiction-either alcoholism or drug addiction.
The aetiology is unknown; some claim an exclusively organic aetiology, others main-
tain that it is due to psychogenic factors. Many writers have emphasised difficulties in
identification leading to a formless or confused ego ideal. An unstable, inconsistent,
material figure, or rejection or an emotional deprivation early in life are believed to
produce such difficulties in identification. According to M.S. Guttmacher, in
Current Problems in Psychiatric Diagnosis, 1953, psychopathic behaviour is &dquo;generally
the result of affect starvation during the first years of life&dquo;. The most
malignant
psychopaths are probably the products of affect starvation plus sadistic treatment in
early childhood.
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27
A famous example of the psychopath, who has brought joy to many in the garb
of re-interpretation in classical music, is: Peer Gynt.
This is a legend taken from the Norwegian folklore collections of P. C.
Asbjornsen, and re-written by the dramatist, Henrik Ibsen. It is folklore, mixed with
experience, and even touches of family history. This work is Ibsen’s most fantastic
piece, the one with the most formlessness about it. In it are germs of ideas worked
out more fully in later plays. In the story, Peer the Poet and Dreamer, who is also a
lovable rascal, dreams of being what he is not. Peer is carried from abandoned youth
to senile old age, in scenes of wild riot. The hero fights his way among pixies, wrestles
in the coils of the boy’s symbol of his own indeterminateness and confusion. Peer may
be said to embody mankind’s (or the psychopath’s) disinclination to face the realities
of life with firmness and integrity. He cares nothing for consequences, even though
the Green-Clad Woman confronts him with an Ugly Brat, symbol of his lust. Out of
sight, out of memory, that is the tragedy of Peer’s romance with Solveig. He is a
gifted, charming, irresponsible and selfish scalawag. When the Button-Moulder finally
calls him to account-as Death, in the rnorality play, calls to Everyman, Peer suddenly
realizes that he has been a bungler of life, with his motto, &dquo;To thyself be enough&dquo;.
Only the unselfish devotion of his beloved Solveig brings him at length to the above
realization of his own character, and saves him from being thrown into the melting
pot to be cast in a new mould. In his case, he is, in the end, cleansed in faith and hope
and love of Solveig.
Another case from classical music, having a somewhat different ending, is
Richard Strauss’s Till Eulenspiegel, who although taken from actual life, and
eventually turned into a representative of those tumultuous times (1300-1350 A.D.),
actually displays all the criteria of psychopathy.
I will not go further into the comparison or analysis of pieces such as Mozart’s
Do Giovanni, Bizet’s Carmen, Offenbach’s The Tales ofHoffman, nor the famed
people of the ancient past, such as Alexander the Great, Caligula, Genghis Khan,
Timur, and others, who again meet our criteria, in retrospect. Most of our famed
frontiersmen fall into this category as well.
Another famous example from present-day, contemporary, newspapers and
phenomenology is Caryl Chessman.
On this point I will not linger, since I am sure that both our memories and the
newspaper morgues are sufficient for further recall of all further data.
Dr. Benjamin Karpman, of St. Elizabeth’s Hospital in Washington, D.C., the
noted editor and publisher of the Archives ofCriminal Psychodynamics, suggests
that those cases of psychogenic aetiology be termed :
1 ) Secondary or symptomatic psychopathy in which the abnormal behaviour is
motivated by neurotic or psychotic unconscious dynamics or idiopathic psycho-
pathy, which he has termed anethopathy.
2) Primary psychopathy, which is practically untreatable and difficult to test.
Karpman suggests this term to replace idiopathic or constitutional psychopathy.
The life-long pattern of acting-out with little or no anxiety indicates a lack of
internalisation of the cultural values and consequent failure to develop a normal
repression pattern. The inability to conform to prevailing standards on an emotional
basis of some suspected psychopaths who have nevertheless been able to intellectually
control and contribute in social situations and society suggests that intellectual control
and ego strength are unimpaired. Emotional control, as indicated by impulsive (not
compulsive activity, inability to relate, improverishment of affect, and emotional
immaturity, is definitely impaired.
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28
guilt, remorse or regret. The total picture is one of self-gratification. There are
almost no unconscious mechanisms, because there is no repression of instinctual
demands and no deferment of pleasure. Further, the patients are completely lacking
in insight into the nature of their disturbances. Karpman further states that the
psychopathy is a very specific mental disease. He emphasises that this is the group
from which the so-called habitual criminals come. In such cases, usually no deep-
seated psychic motivations can be elicited, and patients appear to be &dquo;psychopath
fast&dquo; no matter what is done for them in terms of psychotherapy, and their patterns
of reaction continue unchanged. The conspicuous trait in their mental makeup is
complete egocentricity, which is reflected also in their narcissistic sexual behaviour.
The psychopath has no respect for the social amenities, no sense of obligation or
responsibility, no shame or sense of honour. Although neurotics, psychotics, and
mental defectives may occasionally share the same character traits, Karpman insists
that only psychodynamic analysis can distinguish between different behaviours
which, revealing the same surface features, are yet basically different.
Karpman takes seriously the hypothesis that the intellectual myopia or poor
judgment of the psychopath is caused by dissociation of the emotional from the
intellectual life and the latter has little or no influence upon the former. It is this
dissociation that prevents psychopaths from realizing that concrete acts are to their
disadvantage even though they know abstractly that this is the case.
Not only their affective life, but also their thinking is shallow. Despite the
deliberateness and cunning of their planning, they become bored with their aims
and entangled in their own machinations. They put endless time into planning their
misdeeds when they would derive much greater profit by spending their energies in
a more constructive manner. Indeed, Karpman interprets their disregard for
leem directly calculated to bring failure and disgrace upon himself, so perverse and
3istasteful are the situations in which he seeks to be amusing orplay a perfectly
nnocent joke on somebody or merely put someone in his place. Just as he is
ncapable of understanding the degree of hurt that he inflicts upon others, so he lacks
nsight into the meaning of those actions that are injurious to himself. Like a child,
he is capable of great mischief without any commensurate hatred or ill-will. Although
:he psychopath rarely commits suicide, he is motivated by what appears to be an
_mpulse towards relative non-life and woos disintegration for its own sake.
Psychopathy is not just an arrest at a primitive level or characterized merely by
an absence of mental conflicts or psychodynamics, but has specific reactions and
mental mechanisms. The psychopath lacks affection and has no personal relations,
little sense of responsibility or self-control, is unable to tolerate delay, frustration,
egularity and routine, and is antisociallyof orientated. In his relations, he tries to
anoeuvre, hurt, &dquo;use&dquo;, take advantage the other person, partly because he is
fraid of the other one having a hold over him. He is excessively self-centred, and
is narcissism manifests itself also in underlying ideas of grandeur, in particular
oncerning his cleverness and his ability to get away with his misdeeds. It is a slight
o his narcissm to put up with everyday inconveniences or to hold an ordinary job,
ince he expects special treatment and excessive rewards. He may even act socially for
limited period provided it is for antisocial purposes, say, hold a routine job satis-
actorily in order to defraud. He has psychopathic ideals and an irrationally glorified
elf-concept. He sees himself as a master criminal without the frailties of ordinary
umans, such as affection, guilt, remorse, gratitude, anxiety. He cannot tolerate the
wareness, the anxiety others commonly feel, since this would make him human and
ulnerable; the violent psychopath will risk his life to prove he is not &dquo;chicken&dquo;. He is
ot altogether devoid of a conscience but he does his best to blunt its manifestations,
nd he reacts to anxiety or guilt differently a neurotic or normal person so that these
motions, instead of deterring him, rather incite him to behave more antisocially.
Neurotics as well as ordinary people are amenable to the pressures of society and
he influence of others through a variety of levers. It is these levers which the psycho-
to blunt. By breaking up a continuity in time, space and
ath has managed
emotional relationships, or by denying the consequence of his actions, he can im-
munize himself. By making himself invulnerable to anxiety and guilt, he wards off
these incentives towards socialization. His narcissism enables him to deny emotions
almost completely; and he fights off socialization in order to indulge his primitive
impulses. At the same time, he is unhappy, frustrated and lonely. The psychopath
professes that he wants to be what he is-&dquo;and a villain I’ll be&dquo;-yet there is an
underlying hopelessness and despair. Many offenders would change, if they could
hope to succeed socially. But the grapes are sour.
It is a great strain to be an outcast and to lack the most ordinary satisfactions.
Criminals lack sublimations, a social attitude and interest; they are not part of any
community. They have poor capacity for enjoyment, get pleasure neither from
memories nor from anticipation, are inhibited in their imagination (as long as it is
not criminal), hence develop an overwhelming need for pleasure and thrills for
drugs, drink, promiscuity, excitement, sensation and sadistic satisfactions. Sexual
promiscuity appeals to their egos but also helps to fill a gap and to avoid involve-
ment in personal relations.
The psychopath’s excessive and grandiose narcissism goes hand in hand with a
disturbed relationship with reality and disturbances of thinking. These are not as
marked as in the psychotic, and the psychopath does not suffer from delusions; his
ego is better organized but more antisocial. He has obvious lacunae in his thinking, ir
particular as to cause and effect, but they are characteristically selective. He does nom
anticipate being caught, even when this is obviously bound to happen; yet he spend=
much time thinking of the future and scheming. It is not true that he does not learr-
from exeprience; he does perfect his methods of safe-cracking, but he fails to socialize
He is not altogether unaffected by punishment, but he does his best to wipe out such
unpleaseant memories. His denial mechanisms are remarkable, and it is these that are
mainly responsible for his thinking difficulties.
Pathological lying, both for no reason and to cover up misdeeds, is frequent. Ii
is another way of falsifying reality and denying feelings. It also enhances his sense oi
cleverness. He prefers to steal rather than ask for something, partly for fear of being
rebuffed or obligated, and he will imagine he is &dquo;conning&dquo; somebody, even when he
is not, for the same reasons.
The psychopath spends an inordinate amount of time and energy in creating
complications, trouble and excuses. Somehow there are always complications and
crises when he is around, even when apparently he has not produced them. He has
an excess of energy, perhaps due to a failure of inhibiting mechanisms, partly
because he does not spend his strength on work; many psychopaths socialize when
they get older and get tired of fighting society. The psychopath is a study in con
trasts and has excessive ambivalence-that is one reason he cannot tolerate con
tinuity.
When we consider the psychopath, we immediately encouiiter several facts
several practical and important facts, that align him with the psychotic and sharply
distinguish him from the psyclioneurotic. One cannot rely on him to handle himself
in the social group without serious danger to himself and others. He shows even
poorer judgment than many of the orthodoxly psychotic about accepting hospitaliza-
tion, treatment of any sort, or submitting to restrictions, however urgently these may
be needed. In striking contrast to the psychoneurotic group, he seems unable to
realize that the failures and misfortunes his activity brings upon himself, his family
and others are attributable to him or that anything
can be done to prevent their
repetition.
In a practical sense, then, and despite his lack of academic symptoms charac-
teristic of those disorders traditionally classed as psychosis, he seems to belong with
that group. Certainly his problems cannot be dealt with medically or by any otherI
satisfactory means unless similar legal instrumentalities for controlling his situation
are set
up.
In a number of cases, patients reveal through subsequent years of contact many
indications of a basically unhappy home situation. In many of these, the parents’
marriage was apparently a rlationship in which both husband and wife by their
virtues succeeded in avoiding the customary signs of their unfulfilment in each
other, of their unadmitted but deep frustration. It does not appear that they failed
to love each other in many senses of the word, but there is a good deal to indicate a
serious lack of response to each other as mates, a lack not confined to sensual matters.
Whatever hollowness each sensed in the guarded privacy of his own awareness,
or a bit beneath the awareness, was bravely suffered and outer indications of
chagrin
or complaint were avoided in the best traditions of honourable conduct. The
missing
of fulfilment was, it seems, attributed to the universal fate of man and with little or
no conscious cynicism both marital partners found considerable
compensation in
constructive social activity. The spontaneity and personal contact lacking in relation-
ships between the man and wife were not lacking in the less crucial relationships
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31
each had with friends and acquaintances. In fact they both were more than
ordinarily sociable, informal, and even fun-loving. They did not, however, have
either delight or real understanding together. What could not be fulfilled in the most
important channels sought outlet in secondary relationships and activities, enriching
these beyond what is ordinary. Without insincerity, this surface of happiness con-
veyed strong impressions that the couple was proportionately happy in central areas.
Such an impression they themselves apparently shared.
Both husband and wife, adequate, mature and wise in so many respects, were
able to avoid neurotic symptoms, sexual infidelity, cynicisms, etc., despite their
deprivations. Even by intelligent and commendable efforts they were, it seems, un-
able to convey to their child many feelings for which his need was extreme. It would
not be correct to say that they did not offer affection or that they were consistently
too strict or too lenient in matters of discipline or teaching. From the patient, thirty
or more years later, it is not possible to obtain information that seems a reliable
guide to what his own real affective reactions might have been.
In the integral processes of supplying the complex emotional needs of their
child, it is not hard to believe that their handicaps were comparable to that of one,
however wise and learned, who must undertake to make love chiefly with his in-
tellect. There is no proof of it, but it gives one some reason to wonder if the child
gradually realized or somehow reacted to, the fact that centrally in his parents, and
therefore, in his universe, something essential was missing or somehow unreal. If so,
it is likely that he never succeeded in comprehending the nature of what he surmised
only by its absence.
Available clues are tenuous. The apparent facts are not always unequivocal.
There are, however, some indications that by over-generous praise and commenda-
tion rather than severity their child was encouraged to accomplish a good deal
more than he could without undue effort. A form of forced growth, as it were.
It is not surprising that parental pampering or spoiling has been thought of as
a possible cause for the psychopath’s later behaviour. It is true that in many respects
these patients suggest a badly spoiled, self-centred child who insists on having his
way immediately and without regard to cost to others or their rights. It is true that
these extremely pampered children tend not to weigh properly the unpleasant con-
sequences reasonably to be expected from carrying out injudicious acts. The over-
indulgent, over-protective parent, by intervening, spares them the painful effects in
such situations and this tends to spare them also some learning they will need. It is
quite surprising that reliable evidence of such over-protection and giving way to
every whim has not been found more often in the background of the psychopath.
Healy long ago pointed out that antisocial behaviour often seemed to occur as
a response to
unhappy life situations, and Alexander has formulated such disorder in
psychoanalytical terms as a purposive acting-out of unconscious pathological situa-
tions.
Careful study of these patients, including psychoanalysis of some, has indicated
a parental background characterized by inconsistency and lack of unanimity or
parental discipline resulting in conflicting, unstable identifications in the son. A
weak, indulgent, pampering, frivolous mother, in combination with a stern, authori-
tarian, domineering father whose severity was fitful and inconsistent appeared
frequently in the background of Knight’s cases. Knight feels that important causal
relationships between this early situation and the subsequent disorder are likely and
that such an influence may play an important part in the defective development of
conscience and ordinary social and personal evaluations.
Knight states that innumerable personality shadings and accents are possible
from a son’s reaction to such parental management. The one regular result seems to
be the fostering of excessive passive demands and expectations in the son, such
passive, childish, feminine wishes being in marked conflict with the masculine
strivings inculcated by the father and by the cultural ideology absorbed from
schooling and from contacts with other males.
Knight finds further indications of oral fixation in the cases that are ordinarily
called psychopaths and he also brings out the point that with them, treatment seldom
lasts long, since, becoming dismayed at the long road they must travel, they quit, on
one pretext or another, or talk their relatives into believing they are badly handled
or that they are now &dquo;cured&dquo;.
Karpman states that while it is true that the psychopath does not have the
psychotic’s distorted appreciation of reality, his appreciation of reality is entirely
pathologic, even though it is different from that of the psychotic.
Lindner, in his Rebel Without a Cause, showed that traumatic experience
elicited from the patient as having occurred at as early an age as six or eight months
is interpreted as being reached by pre-verbal memory processes. Distorted attitudes
towards the parents and a peculiarly adverse primal scene experience seem in this
interesting presentation to be primary influences in a lifelong pattern of severe
behaviour disorder. An impressive and closely knit scheme of interwoven cause and
effect emerges in the detail report, and, indeed, seems to account for the clinical I
picture in terms of pathological motivation and purpose. Ather patients studied are
reported to have shown similar traumatic experiences at an early age and similar
reactions to these experiences. Satisfactory therapeutic results were reported in these I
cases.
than actual facts. It has often been noted that the psychopath will very convincingly
report entirely false incidents and attitudes in others, particularly in parents, that
tend to put responsibility for this difficulty on others. This is a factor deserving
competent attention, for it can enter very subtly into material obtained from patients
of this sort.
When signficant, objective events can be checked through others, confirmatory
evidence can be obtained, sometimes but not always. The point most difficult to
corroborate is the actual or innermost personal reaction of the patients to the events
they report.
Itmust be admitted that all strongly emotional and deeply experiences
not
specificto each human being accurately communicable. The nearest approxi-
are
mations to success in this field occur in poetry, music, etc. It is scarcely original to
emphasise that scientific or any objectively referential language is abviously
notoriously ineffective and quite untrustworthy in this area. It must be granted,
then, that no genuinely verifiable material can be obtained from any patient or
from any other person unless it includes his significant affective states, attitudes or
ex periences. Clues from derams often suggest significant attitudes or impulses not
directly discernible, and, though many interesting surmises can be made on this
basis, little is found in the reactivity of these patients to corroborate them adequately
or to open up
progressively helpful channels of investigation.
One may test the proposition that there is a qualitative difference between the
asocial psychopath and the genius by a hypothetical case which reflects common
experience. In one culture or era, certain writings or paintings may be looked upon
as the products of depraved personalities, may be condemned, and the creator may
be characterized, among 6ther things, as a psychopath. Yet a decade later this same
individual may be acclaimed as an original creator, a man of genius. This illustrates
the unsoundness of attempting to exclude socially contributive abnormality from the
category of psychopaths. Modigliani, Eugene O’Neill, Baudelaire and many others, if
described purely in terms of egocentric interest in a circumscribed area and general
obliviousness to conventional responsibilities, would undoubtedly fit into the category
of psychopaths. They fit the same patterns as those who follow almost monotonously
stereotyped socially undesirable forms of activity.
The genius exhibits a certain fixity of interest and insists on doing his work to
the exclusion of other considerations and often without regard to either anticipated
rewards or consequences. Very few of the great contributors to literature and art
have received either adequate recognition or recompense of any sort in their own
lifetime. Men who, by the product of their originality, enrich their fellow men are
called geniuses and the stereotype of their behaviour is proclaimed in terms of
praise: they are credited with persistence in working towards their goals. When the
results of persistence are socially offensive, the perpetrators or subjects are often
described as psychopaths. Society then needs to make judgments on the basis of the
nature and quality of the act rather than the actor. This requires some further
discussion.
If we were to make a distinction between psychopaths in general and those who
create works of genius, it might be noted that the productions of the genius appear
to represent a sublimation or at least a higher and more refined type of activity than
the more primitive gratificational activities of the psychopath. The distinction might
then be related to the level of satisfaction sought by the individual rather than by the
dynamics. The lashing out at society, which is represented in the artistic works of
Hogarth, Goya, Daumier, and the seething criticism poured forth by O’Neill,
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34
Joyce, Cervantes, appear to be simply a higher level of social assault than the
behaviour of the man who beats up an innocent pedestrian &dquo;for kicks&dquo;.
It has been interesting to note that exeperiences ordinarily withheld or deeply
repressed in other people sometimes are much more quickly and readily divulged by
these patients. Though shame and terrible conflict are sometimes claimed in such
matters and superficial indications of such claims may be impressive, the therapist
feels, generally, that he is unable to get at any level in which such effects are major
or even quite real.
Many speculations and interpretations seem useful and entirely congruous with
what the psychopath shows clinically. Distortions, attenuations, short-circuiting,
blockages might be surmised on the basis of inborn deficiency, active organic
pathology, or as arising through conditioning by experience similar to what Masser-
man and others have vividly demonstrated in animals with experimental neurosis.
Strictly Freudian and any other dynamic factors and mechanisms may gradually
and pathologically alter or condition functional patterns and circuitings until the
organism loses much of its normal response.
I will not attempt to enter the field of legal competency and criminal responsi-
bility, since that is a specialized field and reserved entirely for those more familiar
with forensic psychiatry than I.
However, it should be noted that this business of insanity traces back a long
way. In English law particularly, although the concept existed for a long time in
Roman law as well. One of the early definitions in law equated the mentally ill
person, the irresponsible person, with the madman, the furiosus, the man who tore
his hair, attacked people, and in general caused a public furor. Lord Coke was
largely responsible for making the general proposition and was followed by Matthew
Hale (Lord Hale), who delved into the question of partial insanity. He states in his
Pleas ofthe Crown, which was written in the latter sixteen-hundreds (although the
first edition did not appear until 1736): &dquo;It is very difficult to define the indivisible
[It is believed the judge meant ’invisible’] line that divides perfect and partial in-
sanity, but we must rely on circumstances duly to be weighed and considered lest,
on the one side, there be a kind of
inhumanity towards the defects of human nature,
or, on the other side, too great an indulgence given to great crime. The best measure
that one can think of is: such a person as labouring under melancholy distempers
hath yet an understanding as ordinarily a child of fourteen years hath, such a person
may be guilty of treason or felony ...&dquo; He went on, by the way, to comment &dquo;The
moon has a great influence on all diseases of the brain&dquo;. He talked about insanity
that was partial either as to degree or as to subject (and insanity was a topic of
diligent discussion in those days); that is, by the latter he meant what was referred
to later on as monomania. The person, it was thought, could be entirely sane on
some topics and decidedly insane on others; this
concept was held true even in
M’Naghten’s day. The wild-beast test came along a bit later, in which we have the
notion of the madman, the person wholly out of contact with his environment. Thus,
Earl Ferrers was executed in 1706 because the court found that he did not have a
total want of reason. Subsequently, in the Hadfield case in 1800 Lord Erskine (by
dint of his oratorical prowess) succeeded in setting up delusion as the great criterion
of insanity.
The chief difficulty with the legal distinction of insanity dates from the judicial
commentary on the 1V’Naghten case in England. It is worthwhile to remember that
the American judges struggled with his problem even before the M’Naghten case
came up. It was in 1834 in this
country that the &dquo;irresistible impulse&dquo; test was laid
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35
in Ohio. Roscoe Pound, probably the most eminent living legal scholar in this
country, has pointed out that the irresistible impulse test was laid down in an
attempt to meet some situations which arose in frontier communities in cases of
so-called &dquo;honour killings&dquo;, that is, where a spouse was found in flagrante delicto by
his or her mate. In other words, the sympathy of the community was with the
defendant. They did not want to acquit such a person outright, as the fact of a
killing having been done was clearly established, but they wanted to find a back
door, and found such a back door by way of this &dquo;irresistible impulse&dquo; test, which is
law today in about twenty States of the Union. Not all of the States are quite clear
on this but in somewhere between eighteen and twenty States it is admissible as a
defence.
However, all this preceded the M’Naghten case and the great furore it created.
It is worth remembering, as Dr. Diamond has pointed out in his historical study of
tlie M’Naghten case, that no defence was introduced; it wasn’t necessary. The
motion was made by the Crown Prosecutor; he pointed out on the basis of the
medical evidence that M’Naghten was by general standards, according to his lights
and the lights of the judges, insane. Consequently, M’Naghten was found not guilty
by reason of insanity. The public was much upset. They envisaged the gates of the
mental hospitals and the jails both being turned wide open and furious madmen
going about the streets like raging lions seeking whom they might devour. So they
referred this matter to the judges of England and the judges wrestled with it quite a
bit. (It is believed they were honest and intelligent men.) As Judge Dee said in the
Pike case in 1869, in New Hampshire, their intentions were certainly good, but they
made the path of justice considerably more devious and incomprehensible than it
had been before.
The M’Naghten rule has plagued many courts and psychiatrists ever since. Even
at the time of its inception there was much criticism of it by psychiatrists and legal
scholars as well. Only two or three years after the 1V’Naghten decision came down,
Luther Bell, one of the founders of The American Psychiatric Association, made
some very caustic remarks in one of his annual reports as Superintendent of McLean
any proposed change in it must be instituted through the legislators, a group pretty
much swayed by current legal anachronistic misconceptions and what appears to be
a native antipsychiatric bias.
In the District of Columbia (which in some ways is not the most progressive,
but in other ways appears to be ahead of most of the leagl profession) a furore
arose over the Durham decision. By way of meeting this judicial crisis, the Bar
Association of the District of Columbia set up a committee to ascertain what the Bar
Association ought to recommend to Congress in the line of a definition of insanity
admissible as a defence. Now it would be difficult indeed to imagine just what sort
of definition of &dquo;legal insanity&dquo; would be drawn up by Congress or by the State
legislature for that matter. Although the intention of the Bar Association was to
spike the Durham rule, fortunately they rejected the majority report of their com-
mittee and adopted the minority report. This report stated, in effect, that the
Durham rule was adequate as it stood and ought to remain unaltered.
It is worthwhile to remember also that in Continental law in general no attempt
is made by law to lay down a definition in statutory form. It can be said that
Continental rule is merely that if a person is mentally ill and is suffering from a
mental disease, that person cannot be held responsible for his crime. It is left to the
wisdom of the courts and their advisers oft determine the fine points of applicability
of this rule to individual cases. In Italy, the court recognizes the doctrine of
diminished responsibility by reason of mental illness as well. However, this doctrine
is not officially recognized in this country, having been rejected by the Supreme
Court in a divided opinion a number of years ago. The court admitted that a person
could be so drunk that he might not be considered fully responsible for his actions,
but denied that this standard could be similarly applied to cases involving mental
illness.
Subsequently, the American Law Institute has attempted to redefine the issue
of criminal responsibility with respect to mental illness, and their definition has
already been adopted in a few States. What does this much- toured American Law
Institute formulation state?In essence, it states that a person may not be held respon-
sible for criminal conduct, if, at the time of such conduct and as a result of mental
disease to that effect, he lacks substantial capacity either to appreciate the criminality
of his conduct or to conform his conduct to the requirements of law. It is a rehash
of M’Naghten and irresistible impulse rules. There is a slight distinction, perhaps.
Under the M’Naghten rule there had to be a complete lack of understanding on the
part of the defendant as to the nature and quality of his offence, whereas this new
definition at least acknowledges the possibility of a coexistence of some awareness on
the part of the accused as to the nature and quality of his act, with a total inability
to exercise restraint or judgment with respect to such act. However, it should be
pointed out that if the lawyers were attempting a clarification of the issue by creating
a fixed criterion for the determination of the state of mind necessary to
legal absolu-
tion from criminal responsibility, they have failed eminently in this by introducing as
the crux of their definition as indefinite a word as &dquo;substantial&dquo;.
No doubt more will be said on the question of the Durham rule, but for the
moment no elaboration will be made. A similar rule was laid down in a decision of
the New Hampshire Court in State v. Pike, 1869. This decision was reached largely
as a result of the legal studies of Judge Dee, as
pointed out in an exhaustive study of
the rule by a member of the New Hampshire Bar, Mr. John Reid. In effect the court
maintained that the question of any possible mental disease of the defendant is
purely a matter of fact for the jury to determine rather than a test for the court to
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37
This all-or-none concept of the law becomes, of course, absurd when applied to
the continuous spectrums of psychological activity shown by all mcntal patients and
by all defendants. The task becomes one of fitting the psychological spectrum of all
possible gradations of mental activity into the rigid all-or-none concepts of the law.
Tlris can be observed by a legal trick which is accomplished in this manner. In
crimes of murder, assault, and violence, there are varying degrees of crime having
varying definitions which have to do with the existence of, shall we say, legal fictions,
symbolizing certain psychological attributes such as deliberation, meditation, malice
aforethought, purpose, design, and the like.
This existing legal structure is ready-made for the application of a continuous
spectrum of psychological behaviour if one is willing to indulge himself in the tricky
reasoning that is utilized by the courts. When we say that a person is partially
responsible and when we speak of diminished responsibility we are not referring to
some schizophrenic-like split in his behaviour. We remain perfectly aware that a
person is mentally ill in every sense of the word and that his mental illness pervades
every aspect of his personality. What we are saying is that even though such an
individual does not meet the legal criteria for total exculpation under the
M’Naghten rule, his mental illness should still be taken into account in determining
the type of crime of which he can be convicted and the type of punishment or
treatment which he shall receive. Thus, we maintain that individuals who are not so
ill in the eyes of the law, as evaluated strictly within the confines of the all-or-none
concept, nonetheless remain mentally ill by psychiatric standards and must be so
considered by courts of law in the determination of their criminal responsibility. This
is possible now in California and ten other States, as well as in all of the military
courts.
We should not be disturbed by the fact that the Supreme Court of the United
States in 1946 in the Fisher case rejected this idea. It was not properly presented to
them and they did not make a clear-cut ruling on it. Furthermore, because of the
peculiar relationship of the Supreme Court to State courts, the jurisdiction of the
Supreme Court of the United States does not extend over the States in these
criminal matters. As a result, the only area of the country affected by this adverse
decision is Washington, D.C., and the federal courts. The vast majority of criminal
cases involving mental illness do not fall within federal law. We believe there exists
absolute fool-proof reasoning as well as a wealth of legal traditions and legal philo-
sophy which could be used to demonstrate the legal validity of this concept of mental
illness as a partial defence. It is inevitable that it will spread throughout the country
and that even the federal courts and the District of Columbia will adopt it when it is
put to a fair test. This concept became law by legislative enactment in England in
1957. This, then, is one way of outflanking the problem of the criminal responsibility
of the mentally ill.
Another way would be through the abolishment of the plea &dquo;Not Guilty by
Reason of Insanity&dquo;, except as an optional rather than mandatory procedure. With
the abolition of the plea of not guilty by reason of insanity, all defendants, no matter
how mentally disordered, would be tried if capable of understanding the nature of
their trial; otherwise the trial would be deferred until such time as they could
comprehend and participate in the trial. The entire court would then determine
only the question of guilt or innocence of the defendant on strictly behavioural
standards, disregarding the issue of legal insanity, and sentencing of this individual
through the Departments of Correction would result in a totally indeterminate
sentence. The Departments of Correction would then be charged with the responsi-
bility of doing whatever is necessary for the treatment and rehabilitation of this
person. Such treatment could be accomplished without further procedure, legal
whether it involves psychotherapy, shock treatments, psychopharmocological treat-
ment, confinement in a maximum security prison, or commitment to one of the
several very excellent prison camps. At such time that a board composed of
psychiatrist. In all of this, the psychiatrist, like society in general, rejects the psycho-
path because of the unconscious need to defend himself against his own aggressive
_mpulses. The rebellious, maladjusted individual, in unconsciously perceiving
~ociety’s hostility, reacts by withdrawing into a psychological community (the gang)
whose &dquo;semantic dementia&dquo; is a common symptomatic defence. The defensive
weapon serves a double-edged purpose, satisfying
both the aggressive feelings of the
psychopath towards society and his moral masochism. The nucleus of the conflict
within the psychopath revolves around a moral masochism that keeps him in a
position where he will be constantly hurt and derided, while at the same time
preserving his own psychological autonomy. This masochistic position was originally
a refuge from rejection or denial of emotional needs in a very early oral period. In
the therapeutic situation with the psychiatrist, the psychopath meets the therapist
with distrust; he reacts to psychotherapeutic attempts wih defiance, acting as society
unconsciously wishes him to-as an irretrievably rebellious person. The treatability
of the psychopath turns upon a simultaneous mitigation of the reflection within the
therapist of society’s attitudes and a dissolving of the potential patient’s character
defences.
In therapy of this type the emotional environment achieved has the function
of unfreezing the psychopath’s defensive character front by presenting a facsimile of
reality and desensitizing the psychopath to the frightening social atmosphere that
surrounds him.
The main difficulty in treating psychopaths is that they have no desire to
change, and hence are not genuinely motivated for treatment. This is inherent in
their fundamentally antisocial orientation, and it must therefore be expected that
they come for treatment only under direct or indirect pressure or when on the verge
of disaster. The fundamental difference between the therapy of neurotics and
psychopaths is that for the latter we have to develop techniques to treat unwilling
patients; this means, that we have to motivate them initially as well as to remotivate
them constantly for treatment and change. Psychoherapy of psychopaths resembles
in some aspects that of children, who, as Anna Freud has pointed out, because
of their immaturity, cannot be expected to have genuine insight or a wish to change.
There is, however, this essential difference, that with offenders we have to work very
fast to gain a hold over them, as otherwise they will not come back for treatment, or
they will commit new offences for which they will be arrested. Another aspect that
the treatment of offenders and children has in common is the degree to which we
have to work with the environment and not only with the patient himself. In the
case of the offenders the probation officer and the court usually represent the &dquo;en-
vironment&dquo;. We need them to give us realistic information, since the patient often
minimizes or hides the truth. We also need their co-operation to persuade the patient
to attend and to take the treatment seriously. Their handling of the patient and ours
should supplement each other and be co-ordinated and we may ask for greater
leniency or strictness as the situation indicates.
The Association for the Psychiatric Treatment of Offenders, APTO, has estab-
lished an unusual setup in which it co-operates with the courts without being em-
ployed by them, and takes the patient for treatment as a condition of probation or
deferred sentence. It is the task of treatment to turn the enforced relationship into a
genuine one or it will be of no therapeutic value, but unless a patient is forced to
attend treatment, he might not come and if he were not from time to time stirred up
by court appearances, memories or anticipation of jail, it would be hard to evoke any
emotions in him.
One of the characteristics of the psychopath is, as so many persons trying to-
help him have learned to their disillusionment, that as a rule he fails to respond both-
to kindness and to harshness. That is why he is so often regarded as untreatable_
How ever, quite often the right combination of both these attitudes seems the answer.
Although many psychopaths claim that they are unaffected by arrest or prison,
this is really not the case, and if they are reached at a moment when they are deeply
upset, they often respond to kindness. However, unfortunately for therapy, psycho-
paths manage as a rule to re-establish their mental balance very quickly, and once
they have done so, they are immune to influence; if they get out of a painful
situation, they succeed in a peculiar way of resigning themselves to it, denying all
emotions, &dquo;hardening&dquo;, and in both cases they become unreachable. This immunity
to normal continuous emotions is one of the greatest stumbling blocks to therapy.
One reason the patient manages so successfully to ward off emotions is because
of his narcissism. Whenever his narcissistic bubble and his ideas of grandeur are
pricked, he is open to influences, at least for a short time. Thus, getting arrested
may be of therapeutic value, provided it is correctly utilized.
The psychopath is essentially a failure in socialisation. Tlre airir of therapy is to
make him educable and then to educate him, to make him sociable and then to
socialize him, to give him values and social identifications. This presupposes the
establishment of a personal relationship. This cannot be achieved merely by a
detached attitude, but the therapist must show interest and emotions. However, he
should not allow the patient to take advantage of him too much. The patient is
likely to manipulate the therapist, but, in the long run, the therapist should succeed
in out-manipulating the patient. One way the psychopath gains his antisocial aims
is with his unbounded energy and the complications he is capable of creating with
which he outwears others. Actually, treatment within the community, co-operation
with the court and other team approaches are more successful than a one-to-one
psychiatric relationship with therapist. If the patient’s energy has somewhat worn
off, if his tricks repeated themselves too often, he can be made to feel that he is neither
so clever nor so successful as he likes to believe. At such moments he is amenable to
influence which then has to he used constructively.
It is one of the advantages that we can create teamwork, the therapist being
aided, supplemented or counterbalanced by the clinical director, psychologist,
reading instructor, probation officer, etc., utilizing the courts, sometimes the lawyer,
employer, family or whoever can be mobilized. We are trying to create an institu-
tion outside an institution, utilizing the situations and crises the patient creates,
outmanoeuvring and tiring him out. After all, there is a limit to the number of
situations he can create, and to convey to him that he is repeating himself and his
behaviour is rather boring, is often more effective than indignation.
To influence the patient, we must reach him emotionally. He has desensitized
himself to feelings of affection, gratitude, remorse or anxiety. He has succeeded in
disconnecting cause and effect, in breaking up continuity in time or space, in denying
to himself the inevitable consequences of his’behaviour, in building a narcissistic
armour against reality. The task of therapy is to resensitize him and to undo and
correct the above-described mechanisms. To reach him, we must evoke emotions,
and burst the bubble of his narcissistic ideas of grandeur. This is rarely attainable by
mere reasoning. It is usually crises, arrest, appearance before the court, being sent to
jail serious trouble with his family, losing his job that shake belief in his own
cleverness and superiority that evoke emotions or at least make him amenable to
experiencing emotions and sensitive to influence for a while. While the usual
guilt, but they do not serve the normal socializing purpose. Many such patients react
even to a fleeting sensation of guilt with extreme resentment. which leads only to
increased antisocial reactions. If they can learn to cope with guilt by social be-
haviour, which in turn brings its rewards and also alleviates the patient’s conscience,
a great step has been achieved. Neurotic reactions, if
they develop in the psychopath,
should not be combatted, but rather encouraged, since they counter his primitive
impulsiveness and antisocial attitude. The main socializing factor is attachment to,
and identification with, a socially oriented person-often the therapist or probation
officer. The emotional satisfaction derived from a personal relationship helps him to
cope with otherwise unbearable feelings.
One way of teaching the patient to accept his emotions is for the therapist to
react normally to the patient’s situations which he relates with bland indifference.
The therapist can establish a human relationship with a criminal who has a long
prison record. For example, when he gives the therapist a gruesome description of
his prison experiences in a most objective manner, by the therapist saying that he
could not understand how the patient could be so detached about it and showing
feelings himself. Only by the therapist expressing emotion can the patient allow
himself to feel anything. Sometimes one can elicit feelings by taking the patient b~
surprise, e.g., when he claims that he does not really mind prison, ask him in some
other context about some specific details of prison life, and then he may blurt out
&dquo;I would not wish it on my worst enemy&dquo;.
The lack of emotion in the psychopath is overdetermined; it is also a solution
to his extreme ambivalence. Thus, it is therapeutically important to make him
accept and cope with extremes of emotion and antitheses of attitudes. It is often
effective to approach him simultaneously on two levels, thus taking cognizance of
the contrasting attitudes. Sentences, the second half of which contradicts the first.
are a good way of talking to him. &dquo;Yes, you had a pathetic childhood, but that does
not justify ...&dquo; &dquo;Your wife did treat you badly, but you provided her ...&dquo; &dquo;You do
hate your father, but there are moments ...&dquo;
Talking like this is not just being fair and moderate, but is a way of evoking
contradictory emotions at the same time, and this makes it harder for the patient to
deny them. Changing the emphasis on a certain matter, taking it sometimes very
seriously, and then again minimizing it, drawing attention to it, and again over-
looking it, is another way in which the patient’s emotions are evoked, moved, calmed
down. This teaches him to vary and modify his emotions, to control and accept them.
It is essential that the patient should learn to get satisfaction from social
situations, ordinary activities, from fore-pleasure, anticipation, memories, and not
merely from immediate satisfactions; from ideals and sublimations, and not only
material pleasures.
If he is treated too well by his therapist, this has a bad effect on him, not only
because it encourages him in his ideas of grandeur and antisocial behaviour, but
because he becomes too glib and soon develops a contempt for the doctor. Often a
good approach with a psychopath is to use a peculiar mixture of jeering at him
while showing him some understanding and a moderate amount of sympathy. Many
patients think the therapist intelligent merely because he is rude to them. Because
of their ideas of superiority, anybody who can show himself to be superior to them
and can prove them to be wrong here and there, is, of course, a very superior person.
If, however, we condemn the patient altogether, we cannot treat him.
By correcting his thinking difficulties and making him face reality, we evoke
emotions, both the painful ones he tries to avoid and the satisfaction he might get
from normal life. Alternately, more normal feeling leads to more normal thinking
and observations and better functioning. One cannot separate emotions from
reality-sense and thinking. The same interrelation can be demonstrated concerning
his concept of the self, ego ideal, values, ideals and object relations. The aim is to
develop the ego and orient it socially, rather than make the unconscious conscious,
and to develop values, ideals, sublimations, self-control, to educate, re-educate and
socialize.
We should also take time here to discuss the final outcome of many psycho-
paths. To date, the following trends have been noted:
1. Many burn out during their late 40’s to early 50’s. Apparently, psycho-
analytically speaking, there is no longer any need to vent their spleen upon
society, as representatives of their own parents, who are now, generally,
deceased.
2. A number, percentage not calculated, become openly psychotic, and adjust
on a frankly schizophrenic level. They enter institutions as completely
I
I
3. Conversely, some
there.
delusional, and frequently end their days
able to drop their overt delusions and
&dquo;schizophrenics&dquo; are
hallucinations, and are able to make an essentially &dquo;sane&dquo; readjustment,
within the meaning of the M’Naghten Ruling, albeit only as adjudged
psychopaths and/or sociopaths.
4. Lastly, and most dramatic of all, is the fact that a very small number of
-
discussing the same basic problem, but from different points. From:
1. The Genetic
2. The Dynamic
3. The Behavioural and Descriptive
viewpoints. It is therefore respectfully suggested, that before any other debate, etc.,
takes place, that a clarification of views take place prior to any serious policy making:
I
decisions, in order that a mutually understood decision can be reached.