Evaluating criminal responsibility or diminished capacity in defendants with neuropsychiatric disorders—such as intellectual developmental disorders, parasomnias, seizure disorders, personality disorders, and neurocognitive disorders—presents unique challenges for forensic experts and defense attorneys in the criminal justice system.

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There has been linkage between criminal activity and the onset of a personality disorder

Personality DIsorders' Relationship to Criminal Justice

Frierson, R. L., & Joshi, K. G. (2024). Mental health criminal defenses in persons with neuropsychiatric disorders. Behavioral Sciences & the Law, 42(1), 1–10. https://doi-org.ccl.idm.oclc.org/10.1002/bsl.2635

Neuropsychiatric disorders and criminal defense

Borderline personality disorder is typically associated with criminal justice involvement and high psychiatric care utilization. One study found that men with BPD were more likely to have early criminal justice involvement, whereas women and White people had more extensive mental health treatment histories. 

Gender, Racial, and Ethnic differences for Incarcerated Individuals with Borderline Personality Disorder

Since antisocial personality disorder is associated with violent criminal offending, recent research has examined the relationship between prison misconduct and ASPD diagnosis. Findings suggest that ASPD is associated with faster reconvictions for new offenses/violations. Furthermore, prison visitation and misconduct have a significant relationship with ASPD. 

ASPD Within the Criminal Justice System

Recent empirical research has examined the relationship between impulsivity and a personality disorder diagnosis within the prison population. As such, results suggest that ASPD and OCPD groups can commit the same crimes (against human and against objects), although they differ in terms of impulsivity, sensation seeking, and positive urgency. These differences are reflected in the finding that OCPD groups scored lower while ASPD groups scored higher on these dimensions.

Impulsivity in antisocial personality disorder and obsessive-compulsive personality disorder in prison population

As is true for most psychological disorders, treating ASPD in a correctional setting is difficult for correctional psychotherapists. Although it varies from patient to patient, researchers have found that approaches should more effectively engage with, and better meet the needs of those who are suffering from ASPD, while also helping therapists manage the stress and countertransference involved in working with this population. 

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