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Ted Bundy's Insanity Defense: Link to Psychopathology

Sonali Pahuja

Mental Illness is a series of conditions and disorders that affect millions of people around the world. People with limited experience working with such individuals can be extremely sceptical about these conditions and the real applicability of mental illness to crime causation. The belief that an insanity defence is just an attempt to get away with a heinous crime is not uncommon amongst people. That may be the case sometimes, but mostly insanity cases have some merit. This dilemma is prevalent in society and because of it there are millions of people suffering from mental illnesses and they don’t get the help they need to be functioning members of the society.  

In the criminal justice system, psychopathology and crime causation is an issue that affects most people. Criminal justice is nothing but understanding what crime was committed, who committed it and why. Many individuals who suffer from mental disorders are often not in control of their own thoughts and actions. Delusions, paranoia, anxiety, and many other factors that are deemed psychopathic are commonly found to be factors in criminal activity. Such factors cannot always be the singular cause of a criminal act, they can place negative influences on the individual, making him/her act out in spite of their better judgement. Some mental disorders like manic disorder, schizophrenia and some personality disorders are often associated with violence and aggressive tendencies. The combination of a mental disorder with a criminal mind can increase compulsion and is a dangerous combination. (Garner) 

One such case where we can analyse the relation between psychopathology and criminal behaviour is the case of Ted Bundy. Ted Bundy is perhaps one of the most heinous and notorious serial murderers in the history of criminals in the US. The multiple books, literature and media representation of the Ted Bundy case showcases the fascination that people have with psychopathology and criminal behaviours. The Netflix true-crime documentary based on the recorded tapes of Ted Bundy during his last few months in prison before his death penalty gives people an insight into the mind of the criminal itself.  

Many theories by various psychological experts suggest that Ted Bundy had an anti-social disorder and it is quite evident in his tapes as well. He was classified as a High Factor 1 psychopath, which means he was intelligent and had very few signs of Psychopathy in his early life. Factor 1 Psychopathy is characterized by a grandiose sense of self, pathological lying, conning-manipulative tendencies, lack of remorse, lack of empathy and failure to accept responsibility. Psychopathy is a labelled name for Anti-social disorder. (Karpman) 

Antisocial personality disorder (ASPD or APD) is a personality disorder characterized by a long-term pattern of disregard for, or violation of, the rights of others. A low moral sense or conscience is often apparent, as well as a history of crime, legal problems, or impulsive and aggressive behaviour. (Diagnostic and Statistical Manual of Mental Disorders V) 

In the case of Ted Bundy, he was able to function and even flourish in his career and personal life, even while carrying out and evading arrest for a long time for brutal murders and rapes. He was charming, manipulative and was always seeking sympathy from others. He was addicted to pornography and at some point; in his life, his addiction led him to commit crimes like rape and murder. During the case when he was being tried for the murder of one of his many victims, Kimberly Leach, a 12-year-old girl, his attorneys decided on an insanity plea defence. The state of Florida had a lot of evidence against him and since he did not show any visible signs and symptoms of a mental disorder, the state of Florida rejected the plea and sentenced him to death by the electric chair. (Holmes)

The lack of recognition and awareness about mental disorders are quite dangerous and especially in cases of decisions about criminal conduct, it can make a huge difference. The justice system often and not, ignores the systematic relation between psychopathy and criminal behaviour and this, in some cases, can lead to failures of the justice system as a whole.


 References –
Dressing, H., Foerster, K., & Gass, P. (2011). Are stalkers disordered or criminal? thoughts on the psychopathology of stalking. Psychopathology, 44(5), 277-82. doi: http://dx.doi.org/10.1159/000325060 

 Garner, B.A. (2004). “Psychopath”. Black’s Law Dictionary (8th ed.). St. Paul, MN: Thomson West. 
 Holmes, R.M., & Holmes, S.T. (2010). Serial murder (3rd ed.). Thousand Oaks, CA: SAGE Publications, Inc.  

Insanity Plea Statistics (2014). Occupy Theory. Retrieved from http://occupytheory.org/insanityplea-statistics

 Karpman, B. (2012). Psychosis in criminals: Clinical studies in the psychopathology of crime. The Journal of Nervous and Mental Disease, 200(2). (Reprinted from Karpman, 1926, The Journal of Nervous and Mental Disease). Doi: http://dx.doi.org/10.1097/NMD 

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