Failure to conform to social norms

One of the primary characteristics of a sociopath is a failure to conform to social norms. Interestingly, this appears to be linked to a particular part of the brain and such that activity in that segment predicts whether and how someone will conform to social norms. From Science Daily:

"We discovered that the decision to follow the fairness norm, whether voluntarily or under threat of sanctions, can be directly influenced by neural stimulation in the prefrontal cortex."

Researchers asked the participants to participate in a classic sharing game:

"[T]hey received money and were asked to decide how much of it they wanted to share with an anonymous partner. A prevalent fairness norm in Western cultures dictates that the money should be evenly split between the two players. However, this contrasts with the participants’ self-interest to keep as much money as possible for themselves. In another experiment, the participants were faced with the same decision, but knew in advance that they could be punished by the partner for an unfair proposal."

Stimulating the right prefrontal cortex changed people's willingness to conform to social norms, but in odd, and seemingly contradictory ways depending on whether there was a threat of punishment:

When neural activity in this part of the brain was increased via stimulation, the participants’ followed the fairness norm more strongly when sanctions were threatened, but their voluntary norm compliance in the absence of possible punishments decreased. Conversely, when the scientists decreased neural activity, participants followed the fairness norm more strongly on a voluntary basis, but complied less with the norm when sanctions were threatened. 

But is that because people's perception of the fairness of the game shifts as well? In short, no:

Moreover, neural stimulation influenced the participants’ behavior, but it did not affect their perception of the fairness norm. It also did not alter their expectations about whether and how much they would be punished for violating the norm.

What does this suggest? Researchers concluded that it is quite possible to know something is wrong, but be more or less likely to conform your behavior to that knowledge based on brain activity:

We found that the brain mechanism responsible for compliance with social norms is separate from the processes that represent one’s knowledge and beliefs about the social norm," says Ernst Fehr, Chairman of the Department of Economics at the University of Zurich. "This could have important implications for the legal system as the ability to distinguish between right and wrong may not be sufficient for the ability to comply with social norms." Christian Ruff adds: "Our findings show that a socially and evolutionarily important aspect of human behavior depends on a specific neural mechanism that can be both up- and down-regulated with brain stimulation."

This was a particularly interesting finding to me because sometimes I have felt like the reason I do wrong things is not because I don't know that they are wrong, but that I don't recognize in that moment that they are or I don't care about the particular consequences, i.e. no threat of punishment. I feel like I respond really well to incentives. If there is a very clear consequence I actually care about (e.g. the certainty of a dismemberment or the possibility of something good), my behavior will naturally maximize that incentive structure. It makes me wonder, if there are people like me who respond best to material consequences (high activity in this part of the brain?), are there people who respond best to just the thought of fairness and being a good person (low activity in this part of the brain?). Either way, I really like the point made at the end about the legal definitions of insanity not just for psychopaths, but for other disorders characterized by a failure to conform to social norms like Asperger's and others on the autism spectrum.

Criminal sentencing for sociopaths

The role that a diagnosis of psychopathy should play in criminal sentencing is an admittedly thorny issue. The legal standard for an insanity plea is that the perpetrator must not be able to distinguish between right and wrong. Sociopaths actually know the difference between right and wrong most of the time, they just don't care (enough to conform their behavior to societal standards). The debate is whether this faulty wiring makes them more culpable, less culpable, or equally culpable to a similarly offending non-sociopath. A prominent researcher who specializes in scanning the brains of sociopaths in prisons, Kent Kiehl, suggests in an interview with NPR that we should cut them some slack:

Brian Dugan . . . is serving two life sentences for rape and murder in Chicago. Last July, Dugan pleaded guilty to raping and murdering 10-year-old Jeanine Nicarico in 1983, and he was put on trial to determine whether he should be executed. Kiehl was hired by the defense to do a psychiatric evaluation.

In a videotaped interview with Kiehl, Dugan describes how he only meant to rob the Nicaricos' home. But then he saw the little girl inside.

"She came to the door and ... I clicked," Dugan says in a flat, emotionless voice. "I turned into Mr. Hyde from Dr. Jekyll."
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"And I have empathy, too — but it's like it just stops," he says. "I mean, I start to feel, but something just blocks it. I don't know what it is."

Kiehl says he's heard all this before: All psychopaths claim they feel terrible about their crimes for the benefit of the parole board.

"But then you ask them, 'What do you mean, you feel really bad?' And Brian will look at you and go, 'What do you mean, what does it mean?' They look at you like, 'Can you give me some help? A hint? Can I call a friend?' They have no way of really getting at that at all," Kiehl says.

Kiehl says the reason people like Dugan cannot access their emotions is that their physical brains are different. And he believes he has the brain scans to prove it.
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Psychopaths' brains behave differently from that of a nonpsychopathic person. When a normal person sees a morally objectionable photo, his limbic system lights up. This is what Kiehl calls the "emotional circuit," involving the orbital cortex above the eyes and the amygdala deep in the brain. But Kiehl says when psychopaths like Dugan see the KKK picture, their emotional circuit does not engage in the same way.
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Kiehl says the emotional circuit may be what stops a person from breaking into that house or killing that girl. But in psychopaths like Dugan, the brakes don't work. Kiehl says psychopaths are a little like people with very low IQs who are not fully responsible for their actions. The courts treat people with low IQs differently. For example, they can't get the death penalty.

"What if I told you that a psychopath has an emotional IQ that's like a 5-year-old?" Kiehl asks. "Well, if that was the case, we'd make the same argument for individuals with low emotional IQ — that maybe they're not as deserving of punishment, not as deserving of culpability, etc."
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This argument troubles Steven Erickson, a forensic psychologist and legal scholar at Widener University School of Law. He notes that alcoholics have brain abnormalities. Do we give them a pass if they kill someone while driving drunk?
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At trial, Jonathan Brodie, a psychiatrist at NYU Medical School who was the prosecution's expert witness, went further. Even if Dugan's brain is abnormal, he testified, the brain does not dictate behavior.

"There may be many, many people who also have psychopathic tendencies and have similar scans, who don't do antisocial behavior, who don't rape and kill," Brodie says.

The jury seemed to zero in on the science, asking to reread all the testimony about the neuroscience during 10 hours of deliberation. But in the end, they sentenced Dugan to death. Dugan is appealing the sentence.

With this and the U.S. Supreme Court case allowing governments to indefinitely detain pedophiles, the halcyon days of believing in rehabilitation for criminals seem to be over. If there was one piece of advice I could give this upcoming generation of sociopaths, it would be to master the ability to authentically mimic the empath's exaggerated remorse and self-hate, a performance that is quickly becoming necessary to keep the lynch mobs at bay.

No remorse

I have been meaning to do a post on this New Yorker article "No Remorse," about the sentencing of adolescent murderers who do not have the same sorts of life experience that would cause them to realize the consequences of their behavior. These teenagers typically do not show the right amount of "remorse" in the minds of some, and are consequently labeled sociopaths, sentenced to life in prison.


The expectation that defendants will display remorse either shortly after their crimes or never is generally accepted as common sense. In a Columbia Law Review study of cases of juveniles charged with violent crimes, the Emory law professor Martha Grace Duncan found that youths who failed to express their contrition promptly and appropriately, as adults would, were often penalized for showing “less grief than the system demands.” In many cases, she writes, the juveniles appeared to be in shock or in a kind of dissociative state and failed to appreciate the permanence of what they had done. “Less under the sway of the reality principle,” they were more prone than adults to engage in forms of denial. But prosecutors and judges interpreted their strange reactions—falling asleep after the crime, giggling, rapping—as signs of irreparable depravity. Duncan found that courts looked for remorse in “psychologically naïve ways, without regard for defense mechanisms, developmental stages, or the ambiguity that inheres in human behavior.”

One of Dakotah’s closest friends, Christina Wardlaw, who sat through the trial, told me that she had to suppress the urge to laugh as she listened to Dakotah’s recorded conversations with the police. “He still saw himself as the same old Dakotah, jabbering and singing and making jokes,” she said. “He had no idea what he’d become.”

Dakotah’s reaction, with its apparent remorselessness, less than three hours after shooting his grandfather, was discussed by three witnesses for the prosecution. It also figured in the jurors’ deliberations. They asked to view Dakotah’s videotaped conversation with the detective again, and an hour after watching the tape, and just three hours after beginning deliberations, they announced that Dakotah was guilty of first-degree homicide.

One juror told me that several people on the jury were troubled by Dakotah’s youth, but they’d been instructed that if the evidence indicated that the offense was premeditated and deliberate the crime was first-degree murder. Age had no place in that calculus. As is required under Michigan law, the jury was not informed that the conviction carried the automatic penalty of life imprisonment without the possibility of parole.

The video from yesterday reminded me of this article, the cannibal's comment about how there are consequences to killing someone, and if he had known that earlier many people would still be alive. I had a dream about this recently. I had gotten called in to consult with a child who had just murdered a third party to get back at someone else, like murdered a mutual friend to hurt another person. She was young, maybe 8 years old. I saw some video of her before I was going to meet with her and she was talking about it as if she was talking about how she had stolen someone's bicycle. It was very clear that she didn't understand that killing someone had consequences. I wondered -- should I explain to this girl that killing has consequences? If she's normal but just a little immature, like this Dakotah kid seems to be, then those consequences might weigh her down for the rest of the life until she's just a pile of human garbage. On the other hand, isn't knowing that our actions have consequences what helps us make "better" decisions?