Sentencing the ‘Psychopath’: How Labelling Affects Judges’ Decision Making in Aotearoa/New Zealand

Abstract

Antisocial personality disorder (ASPD) and psychopathy are constructs that are associated with ideas of dangerousness and criminality. Current international literature suggests that these labels may have an adverse effect on criminal justice outcomes for offenders, including harsher sentences and a higher likelihood of being civilly detained. This study is the first to be undertaken on ASPD, psychopathy and judicial decision-making in Aotearoa/New Zealand. The research was executed through the extraction of judicial decisions (for the period 2003–2022) from the Judicial Decisions Online database, which resulted in the identification of 87 cases which mentioned either or both labels, and 265 cases where both labels were absent. Comparative analysis of similar cases found a significant difference in the average length of sentence imposed on offenders, with those without a label receiving a sentence of 81.4 months compared to those labelled receiving a sentence of 135.8 months. It is concluded that the use of ASPD and/or psychopathy within the Aotearoa/New Zealand criminal justice system is deeply problematic; offenders are subject to more punitive sentences due to diagnostic classifications of spurious efficacy and based on the idea of future dangerousness—a construct that cannot be adequately predicted.