The Role of Antisocial Personality Disorder in Texas Death Penalty Cases (1976-2014)

• In Event: Poster Session

Abstract

Evidence of antisocial personality disorder (ASPD) is frequently introduced in capital murder trials by mental health professionals, particularly to claim that a defendant presents a risk of future violence to society and support prosecution arguments for a death sentence. However, little is known about the specific prevalence and content of such assertions, other potential uses of the disorder, or the impact of ASPD evidence on jury verdicts. The present study reviews 118 Texas death penalty cases involving ASPD testimony, identified through a systematic search of the LexisNexis database. Preliminary analyses (43 coded cases) suggest that ASPD is most often introduced for the purpose of describing a defendant’s future dangerousness, though a noteworthy portion of experts attempted to portray ASPD as a mitigating factor. Over 40% of experts explicitly described the defendant as a future danger to society and over 20% asserted that ASPD was permanent and/or untreatable. Additional analyses presented at the conference will focus on the bases of diagnosis, specific symptoms emphasized (e.g., remorselessness), admissibility challenges, and trial outcomes. Concerns about the probative value and potential misuse of ASPD in capital cases will be discussed, including discrepancies between expert claims (e.g., risk for future violence) and published scientific findings.

Authors

• Shannon Kelley, Texas A&M University

• Hannah Anderson, Texas A&M University

• Caroline Glass, Texas A&M University

• Samantha Darling, Texas A&M University

• Ashley Walker, Texas A&M University

• Carley Cudmore, Texas A&M University

• John F. Edens, Texas A&M University