Antisocial personality disorder and legal responsibility: A systematic review of the evidence

Authors

  • Mauricio Esteban Reyes-Guaranda Universidad de Cuenca, Cuenca, Ecuador
  • Abrahán Felipe Orellana-Moscoso Universidad de Cuenca, Cuenca, Ecuador

DOI:

https://doi.org/10.5281/zenodo.13821380

Keywords:

imputability, antisocial personality disorder, psychopathy, legal responsibility

Abstract

This article presents a systematic review on the legal responsibility of individuals diagnosed with Antisocial Personality Disorder from 2018 to 2024. In recent years, a debate has been maintained on the legal treatment of psychiatric disorders, including personality disorders, due to the complexity in managing their imputability in the legal system. The PRISMA model criteria were used to review and select studies relevant to this objective in academic databases. The results show that there is evidence of alterations at the neuroanatomical level that may affect the volitional capacity of people with APD, resulting in poor impulse control. However, some authors agree that, despite these alterations, individuals with this diagnosis are fully aware of their actions and their consequences when committing a crime, so this diagnosis would not necessarily constitute a reason for mitigation of their imputability. This article highlights the importance of continuing to develop theory and evaluation methods to establish adequate legal treatment.

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Author Biographies

Mauricio Esteban Reyes-Guaranda, Universidad de Cuenca, Cuenca, Ecuador

Orcid

Mauricio Reyes Guaranda is a Clinical Psychologist from the University of Cuenca (Ecuador) and holds a Master’s degree in Legal Psychology from the University of Valencia (Spain). He is currently pursuing a master’s degree in Education at the University of La Plata (Argentina). He is a professor at the Faculty of Law and Political and Social Sciences at the University of Cuenca, a member of the Educational Policy Research Group at the same institution, and part of the Ecuadorian Research Network in Psychology. His main research areas include Clinical Psychology, Legal Psychology, Education, Interculturality, and Gender and Development.

 

Abrahán Felipe Orellana-Moscoso, Universidad de Cuenca, Cuenca, Ecuador

Orcid

Abrahán holds a Bachelor's degree in Psychology from the Technical University of Loja (Ecuador) and a Bachelor's degree in Education with a specialization in Philosophy, Sociology, and Economics from the University of Cuenca (Ecuador). Additionally, he holds a Master’s degree in Clinical Neuropsychology from the University of the Americas (Ecuador). He is currently pursuing two master’s programs: one in Education at the University of La Plata (Argentina) and another in Theoretical and Practical Philosophy, specializing in Logic, History, and Philosophy of Science, at UNED (Spain). He is a professor at the Faculty of Philosophy, Letters, and Education Sciences at the University of Cuenca. His main research areas include the Philosophy of Psychology, Clinical Neuropsychology, Education, and Latin American Philosophy.

Published

2024-09-20

How to Cite

Reyes-Guaranda, M. E., & Orellana-Moscoso, A. F. (2024). Antisocial personality disorder and legal responsibility: A systematic review of the evidence. South American Research Journal, 4(1), 27–34. https://doi.org/10.5281/zenodo.13821380

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Section

Artículos