In 1978, Rodney Alcala of California approached Liane Leedom, who was 17 years old at the time. He struck up a conversation, showed her some of his photographs, and then asked to photograph her. Although he was later convicted of murdering four women and a girl, Rodney Alcala did not kill Liane Leedom.
In 1983, Brian Dugan of Illinois abducted and murdered a 10-year-old girl. The next year he raped and murdered a 27-year-old woman, and the following year he raped and murdered a 7-year-old girl.
Both of these men are psychopaths. They’re both facing the death penalty for their crimes. But last November, at Brian Dugan’s sentencing, defense attorneys argued that because the man had a personality disorder, because he was incapable of experiencing normal emotions like remorse, he should get life in prison, not death.
Kent Kiehl, Ph.D.
The star witness in the plea for leniency was a prominent psychopathy researcher, Kent Kiehl, Ph.D. of the University of New Mexico. Kiehl evaluated Dugan according to the Psychopathy Checklist-Revised—the murderer scored 37 out of 40.
Kiehl also scanned Dugan’s brain using fMRI (functional magnetic resonance imaging). The technique measures blood flow within the brain, which is thought to reflect brain activity. It shows which area of a person’s brain “lights up” with different thoughts.
According to Miller-McCune Online Magazine,
The scans show that the psychopath’s brain does indeed look different from others. “This shouldn’t really surprise people,” Kiehl said. “When your behavior is very different, your brain is different.” He estimates that 15 to 20 percent of prisoners in minimum to medium security prisons qualify as psychopaths, while the figure might run as high as 30 percent for those in maximum security.
Kiehl thinks it’s absurd to execute convicted murderers who have malfunctioning brains. “It’s kind of like telling a patient who has dyslexia to go read Faulkner, or something really difficult,” he said. “They have no chance, but you’re going to punish them because they can’t read?”
Kiehl testified about Dugan’s fMRI scans in the sentencing hearing—the first time fMRI evidence was ever used in court. The psychologist was asked if Brian Dugan had a normal brain. He said no.
Mitigating factor
Psychopathy, the defense team said, was a mitigating factor, a reason why Dugan shouldn’t get the death penalty. But why wasn’t it an aggravating factor?
Yes, psychopaths do not feel normal emotions, and perhaps we should feel sorry for them because of it. But psychopaths know the rules of society. Even if they don’t feel any emotional inhibition about raping and killing, they know on an intellectual level that these behaviors are wrong and can get them arrested, tried and possibly sentenced to death.
Other experts espouse this point of view. Stephen J. Morse, a professor of law and neuroscience at the University of Pennsylvania was also quoted in the Miller-McCune article:
All the law really requires, he says, is a general capacity to understand and follow rules. “The law doesn’t really ask a lot of us,” Morse said. “How hard is it to know that you shouldn’t kill people, you shouldn’t rape people, you shouldn’t burn buildings that aren’t yours, and you shouldn’t take what doesn’t belong to you?”
Neuroscientific expertise may also become a double-edged sword that could be used against defendants, he warns. “There are going to start to be prosecution experts who are going to come in and tell the jury why this doesn’t have the implications that the defense claims,” he said. “Rather than being mitigating, for example, evidence of brain abnormalities might be aggravating because they will indicate that the defendant is particularly dangerous.”
Capable of choices
Psychopaths do exercise choice. They are capable of controlling their behavior when they want to. Rodney Alcala killed four women and a child, but he did not kill Liane Leedom. Perhaps he killed the others because he thought he could get away with the crimes. But he could have chosen not to kill them either.
A diagnosis of psychopathy shouldn’t be used to get people off. It should be used to convict them and send them away.
For further discussion of these issues, read:
A mind of crime—how brain-scanning technology is redefining criminal culpability, in Miller-McCune Online Magazine.
Science in court: Head case, in Nature.com.
Thank you to the Lovefraud reader BloggerT7165 for sending a link to this story.
This was interesting. I read the first artical and it raised a few questions, for me.
I’m not in any way excusing the behavior of these monsters, but my first question is this:
What is it in the “normal brain that allows it to CHOSE right over wrong? Wouldn’t it have something to do with the ability to predict consequences, the ability to feel fear and anxiety, the ability to experience empathy, and consequently, remorse? Perhaps the ability to process dopamine?
Without all these systems in check, it seems to me, the pro’s of chosing to do right would be sorely lacking, and the pro’s of chosing to do wrong would weigh the scale in that direction…
So, maybe it isn’t so far fetched to say they really aren’t equiped to chose at all. By virtue of their brain dysfunction, they will always chose to do wrong, if it will benefit them in any way.
I’m not sure what the implications of that should be. I sure as hell don’t want waking around on the loose. I guess it’s a phylisophical question. What do you’ll think?
Good questions.
I used to be very MUCH for the “death penalty” as I had more confidence in the justice system than I do now, in the RIGHT person being Convicted.
I am not doubting that THESE two individuals are guilty, just that in so many cazses there are convictions based on less than “perfect” evidence and DNA has freed more than one person from death row, and recently a man was freed of a rape conviction that he had already served 35 years for by DNA evidence.
Right now, 2 young men are in general population in Arkansas and one on death row for supposedly killing 3 pre-teens when they were teenagers. (The West-Memphis Three) In the 17 years since this “conviction” and sentencing to death of one of the 3 teenagers, it has pretty well come to the light that these 3 young men who were vilified as “satanists” at the time, were RAILROADED by the police, and are most likely INNOCENT. So I am no longer “for” the death penalty. I AM however, quite in favor of NATURAL LIFE WITHOUT PAROLE.
At least if there ever turns up evidence that someone is indeed innocent, it will not be after they are dead and buried.
As far as a person being a psychopath giving them a “pass” on responsibility—ABSOLUTELY NOT.
I do not have a lot of conidence in the evidence of the fMRI since it does not meet what I would call “conclusive” evidence that it actually measures anything relevant to the brain.
A group of research scientists did an fMRI on a DEAD FISH and got the SAME KIND of results that would have been expected in a “live human”—DUH!
However, I do believe there are differences of some kind in the chemical and/or neural pathways of the psychopath’s brain than ours, but it does NOT preclude them from recognizing what society considers “right and wrong”—-else why would they attempt to “hide” what they have done, or to “lie” or “cover up”? They know that there are at least consequences if they get CAUGHT for doing a certain criminal act, and they don’t want to get caught.
Maybe the reason Alcala didn’t kill Liane was that he knew his mother had seen her and if Liane went missing from the neighborhood, his mother might have put 2 and 2 together and come up with 4!
Good points, Oxy. LOL about the dead fish…wasn’t aware of that.
Didn’t the first artical say somehing about this guy confessing to a third murder, but because two other men had already been found guilty, no one took it seriously?
Those men were found guilty because of faulse testimony by law enforcement…in addition, some procecutors rep might be on the line, it might cost some money to re-try them, etc. etc, etc. Our legal system, itself is over-run with psychopathy, and I think those responsible for out and out lying, should be stoned…I hate a crooked cop. And I mean that…talk about an abuse of power, and public trust. I say they should be stoned, because the system that supports them would probably never procecute…Too much attention…too embarrassing…PUKE!
Regarding these people, it’s my opinion that’s the reason the laws were set up and enforced in the beginning. Look at the old west when the land was raw and nothing in force to see justice or at least to a degree was carried out. Once the government began to set up forces, laws and enforced them, things changed. We must have laws and see they are carried out to the maximum and IMO that includes the death penalty, if we are to protect ourselves against people who have no conscience, values, honor or integrity. My two cents.
Something else to consider when it comes to choice. A 2006 report to a state sentencing commission looked at the most recent research review of all studies on predicting recidivism. One of the things they found was:
…that appeared to have no impact or very little impact on sexual re-offending was:
Clinical presentations (denial, low victim empathy, low motivation for treatment)
This is just another piece that backs up what Donna said. It does not appear that psychopathic individuals are forced to harm others. Rather than can decide not to do so. Not being empathetic towards others may make it easier to harm others but it does not compel people to harm others.
Also if read the second article you will see this:
“It is a dangerous distortion of science that sets dangerous precedents for the field,”
and this – a recent scan, say some critics, wouldn’t necessarily indicate Dugan’s mental state when he committed his crimes.
As for the dead salmon here is a link to that article which was done to show the risks of people doing just what was done with fMRI use – http://www.wired.com/wiredscience/2009/09/fmrisalmon/
and another article that talks about How reliable are fMRI results
http://www.mindhacks.com/blog/2010/03/how_reliable_are_fmr.html
Thanks, Blogger. I will continue to read.
I totally agree, Blogger, I think Psychopathic individuals have the same CHOICES we do.
I liken it to an alcoholic who is born with gene or genes that make them SOMEWHAT MORE SUCCEPTIBLE to becoming an “over consumer of booze” than maybe I might be, however, they have a CHOICE to drink or not to drink, the same way I do. Maybe to make the choice not to drink is more difficult because of their genes than it would be for me, but it is STILL A CHOICE.
My “drug of choice” is nicotine, and I consumed it for probably the same reason that an alcoholic consumes booze, it “feels good” and I get a reward for doing it and a “stick” for not continuuing to consume it, but I have made (finally) a CHOICE to quit harming myself by smoking . I could have and SHOULD have made that choice a long time ago. I rationalized why I didn’t do it probably the same way an alcoholic rationalizes why he/she didn’t quit drinking, and probably the way my P-son rationalizes doing the things he does, making the choices he does, knowing that they are wrong and knowing that he will probably get consequences for them.
In fact, in one letter to the Trojan Horse Psychopath, he was discussing getting caught smuggling in DVD porno and he said “I’ve been doing it for years, and I knew I’d eventually get caught, but, what the heck, it was fun while it lasted…” and in the same letter he said “It isn’t that I don’t know how to follow their stupid rules, it is just that I don’t want to. I’ll be good for a while until I get my ‘class and custody’ back, then I’ll see what I can find to have fun with.” (class and custody is the level of security within the prison, and the closeness of his confinement and the rules under which he is kept.
For getting caught with the DVD porn, he was “busted” down from minimal custody and trusty status to MAXIMUM CUSTODY and confinement 23 hours a day in a solitary cell (super max) as well as transferred from a minimum facility to a Super Max facility and all priviledges except breathing taken away for a year.
Nine times in his first 17 years of incarceration, he was busted from trusty status to solitary or super max, and transferred from one facility to another 5-6 times.
They know,, they DO have choices, they just enjoy what they do, or get REWARDED in some way for what they do.
OH GOOD!!!!!!!!
I’m glad, Oxy – jeez, *scratches head* these “scammiest of the scammy scammers!!” It does my heart good to hear about them getting busted and shoved into lock-down.
I don’t believe we need MORE prisions, however. What we need, and the point of Dr. Leedom’s post and this post about Alcala, is recognition: early interception and intervention of these psychos et al, before they have the opportunity to grow that void vortex within.
IMO, this would be more practical, but poses the most difficult type of resolution to the problem. People seem to just not care about psychopathy, sociopathy or personality disorders UNTIL:
1. They’ve lost a loved one to a disordered person; or
2. it’s THEIR loved one on trial in the “dock” and they are pleading for the AsSP’s life to be spared ” ‘cuz he DIN’T KNOW what he was DOIN’….”
PUHLEEEEZE!
It’s psychopathic-sociopathic-personality disorder – it’s NOT AMNESIA -for crying out loud…
They know full well that when they get up to the point where they can SEE that the LIFE and LIGHT is going out in their victims’ eyes, the PSYCHO “could have STOPPED,” and maybe only gotten charged with “infliction of grievous bodily harm” or “aggravated assault.” Neither of which incur the death penalty – – – they DID NOT WANT TO stop, then make em pay, I say!
And with that – ta ta!
thank you for this post. it is an important distinction – agravating or mitigating. and one i hadn’t quite put into words.
i may do something and feel much less guilt than another person doing the same thing. does that mean i am not as responsible as the other person? we both know it is wrong. if it FEEL less guilt, does that make me less responsible?
in what ways does NOT BEING ABLE TO FEEL GUILT change the picture? genuine question. what are the possible arguments.
if you don;t know something is wrong, you are still responsible to uphold the law of the society. in this situation it is a matter of life imprisonment or death. i don’t know how the death penalty is decided on. what are all the things taken into account?
personally, i would like to see sociopaths removed from the gene pool. there is only one way to do that. when they have committed crimes for which the death penalty is possible, their sociopathy should be given weight in the decision.
to kill one to save many can be a protective act of compassion.
If I thought for one moment that our “justice system” were even close to JUST I would personally tie the hangman’s knots to “hang’em high”–but better that 10 guilty go free than one innocent should perish” (can’t remember which smart guy said that) but he is so RIGHT! Unfortunately, too many of the lawyers are Ps and whether or not you get a “good” lawyer depends on what you can pay, and bribing the judges still works in some places. That stinking judge that just got out of prison in NY for taking bribes for divorce cases–HE GOT LESS THAN 36 MONTHS, and served a lot less than that! They let theh poor old guy out early too for “good behavior” in time for Christmas with this family! THAT AIN’T JUSTICE!
With 2 million men and women in jail or prison in our country right now (double what it was 10 years ago) that means that about 400,000 of our country’s psychopaths are behind bars.
I say, instead of building more jails and prisons, let the other 1.6 million out, and keep the psychopaths in for life. Since they commit about 80% of the violent crimes anyway, that would decease the crime rate, and since thjey tend to be the ones that go BACK to prison, that would let the gov’t hire more parole officers to keep up with the others, and more teachers to teach them, etc.
See, right there I have solved all the country’s problems with CRIME in ONE SWOOP and no one had to die.
Oh, well, when I am appointed dictator it may not be better but it will be DIFFERENT! Oxy for Dictator! Vote for me, and I will put a jackass in every barn and lock up all the psychopaths in Super max!