Abstract: Psychopathic disorders are taking an important part in
judge sentencing, especially in Canada. First, we will see how this
phenomenon can be illustrated by the high proportion of psychopath
offenders incarcerated in North American prisons. Many decisions in
Canadians courtrooms seem to point out that psychopathy is often
used as a strong argument by the judges to preserve public safety.
The fact that psychopathy is often associated with violence,
recklessness and recidivism, could explain why many judges consider
psychopathic disorders as an aggravating factor. Generally, the judge
reasoning is based on Article 753 of Canadian Criminal Code related
to dangerous offenders, which is used for individuals who show a
pattern of repetitive and persistent aggressive behaviour. Then we
will show how, with cognitive neurosciences, the psychopath’s
situation in courtrooms would probably change. Cerebral imaging
and news data provided by the neurosciences show that emotional
and volitional functions in psychopath’s brains are impaired.
Understanding these new issues could enable some judges to
recognize psychopathic disorders as a mitigating factor. Finally, two
important questions ought to be raised in this article: can exploring
psychopaths ‘brains really change the judge sentencing in Canadian
courtrooms? If yes, can judges consider psychopathy more as a
mitigating factor than an aggravating factor?