How Can the "Psychopath Test" Affect Criminal Cases?

 Posted on November 03, 2025 in Criminal Defense

There are a wide variety of factors that can affect criminal cases, including details about an alleged crime and testimony from expert witnesses. When defending against convictions, defendants may not only need to take steps to address the facts of a case, but they may also need to respond to attacks on their character or assessments of their mental health. One factor that may play a role in certain types of cases is the "psychopath test," which may be used to assess a person’s mental state, gauge their level of remorse, and determine whether they may be a danger to the community.

Legal representation is crucial in criminal cases to ensure that a person’s rights will be protected and that they will be able to respond to claims that call their character or their mental health into question. A skilled attorney can advocate on behalf of a defendant and challenge assessments that are based on subjective or faulty methods.

What Is the Psychopath Test?

The so-called "psychopath test" was developed by Robert Hare, a Canadian psychologist, in the 1970s. It consists of a checklist that mental health professionals can use to assess a person’s personality traits and determine whether they may be diagnosed with psychopathy. Dr. Hare has cautioned against the use of the checklist in criminal cases, especially those involving violent crimes where defendants could potentially face the death penalty. However, this has not prevented the use of the test when prosecuting people for crimes or determining sentences.

Over the past several decades, numerous mental health professionals have been called as expert witnesses in criminal cases to perform assessments of defendants, and their use of the checklist has influenced decisions made by judges and juries. In some cases, the checklist has been used to charge juvenile offenders as adults. It has also been used by parole boards to determine whether prisoners may be eligible for early release. However, the psychopath test may have made the most impact in cases where people may face death sentences.

One recent high-profile case in Texas illustrates the potential problems with the psychopath test. In 2002, Robert Roberson was charged with the murder of his two-year-old daughter. This case involved "shaken baby syndrome," which is another questionable diagnosis that may affect criminal cases. While Roberson was accused of physically abusing his daughter, he professed his innocence, stating that she was injured when she fell out of bed. He was convicted, and based on the testimony of a psychologist who used the psychopath test and highlighted his lack of remorse, he was sentenced to death. However, Roberson has since been diagnosed with autism, which may explain his apparent lack of emotion.

Roberson’s execution was halted by the Texas Court of Criminal Appeals, and courts will review the case to determine whether his conviction was based on faulty scientific evidence. However, this is just one example of the dubious methods that may be used in criminal cases to assess the mental states of defendants and impose harsh penalties. Addressing these pseudoscientific methods requires a strong defense from an attorney who understands the best steps to take to protect a person’s rights.

Contact Our Hartford Criminal Defense Attorneys

At Woolf & Ross Law Firm, LLC, our Connecticut criminal defense lawyers can provide the representation needed to help defendants address claims regarding their alleged actions or their mental health. We fight to help our clients defend against criminal convictions while ensuring that they are treated fairly by the criminal justice system. To arrange a free consultation and get the representation you need, contact us at 860-290-8690.