U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Physical Disability as a Determinant of Criminal Behavior

NCJ Number
82300
Journal
Australian Journal of Forensic Sciences Volume: 14 Issue: 2 Dated: (December 1982) Pages: 26-32
Author(s)
A A Bartholomew
Date Published
1981
Length
7 pages
Annotation
This paper argues that forensic psychiatrists have often erroneously labeled physical disabilities involving cerebral functions as determinants of crime while ignoring the influence of other physical handicaps on behavior.
Abstract
Certain physical disabilities such as chronic cerebral pathology may form the foundation of a defense of insanity, but the law is in a grossly unsatisfactory state regarding cases in which insanity cannot be distinguished from automatism (a lack of the capacity to form the basic intent). Relief may come from the Australian statutory defense of diminished responsibility and a Government committee's recommendations that courts have greater discretion in this area. Psychiatrists, however, have tended to take a cavalier attitude toward logic when testifying about relationships between physical conditions and criminal behavior. Defense attorneys have claimed that hypoglycemia and drug withdrawal have been factors in bringing about an impaired mental state while others have argued that brain damage and menstruation were important factors in criminal behavior. In contrast, many forensic psychiatrists have been unwilling to conduct a full physical examination of patients and are content with the psychiatric label rather than looking for a somato-psychiatric factor which may be remedial. Studies have shown that surgery for nasal deformities helped young delinquents, and other researchers have noted that some sexual offenders have long histories of physical problems. The article contains 11 references.