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Psychopath and the society

FINAL DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF COURSE TITLED


Legal Language and communication skills FOR COMPLETION OF
B.A.LLB. (HONS.) IN
ACADEMIC YEAR 2020-21

Submitted to - Submitted by –
Dr. Pratyush Kaushik Sonal Shambhavi
Assistant Professor of Legal Language Roll no. - 2365
1st semester, B.A.LLB. (Hons.)

2nd February 2021

Chanakya National Law University


Nyaya Nagar, Mithapur, Patna (Bihar)

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Declaration
I, Sonal Shambhavi hereby declare that the work reported in
B.A. L.L.B (Hons.) project report titled “Psychopaths and
the society” submitted at Chanakya National Law University,
Patna is an authentic record of my work carried out under the
supervision of Dr Pratyush Kaushik . I have not submitted this
work from elsewhere and I am fully responsible for the
contents of my project report.
Sonal Shambhavi
ROLL NO. – 2365
B.A. LLB. (Hons.)
1st Semester

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ACKNOWLEDGEMENT
The researcher takes this opportunity to express her profound
gratitude and deep regards to her guide Dr Pratyush Kaushik,
for his exemplary guidance, monitoring and constant
encouragement throughout the course of this project. The
blessing, help and guidance given by him time to time shall
carry the researcher a long way in the journey of life on which
the researcher is about to embark. The success and final
outcome of this project required a lot of guidance and
assistance from many people and I am extremely privileged to
have got this all along the completion of this project. Last, but
not the least, I am thankful to all the members of my family,
friends and teachers without whose assistance and
encouragements I could not have completed my thesis.

Sonal Shambhavi

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Table of Contents
Introduction--------------------------------------------------- 6- 7
Aims and objectives------------------------------------------ 7
Research Methodology-------------------------------------- 8
Sources and data collection-------------------------------- 8
Limitations of the study------------------------------------ 8
Mode of citation--------------------------------------------- 9
Who are Psychopaths, symptoms and diagnosis----- 9-16
Psychopaths and their Anti-Social Behaviour------- 16- 19
Misconceptions of society-------------------------------- 19-21
How should Psychopaths be treated in society------ 21- 23
Hypothesis-------------------------------------------------- 24
Bibliography----------------------------------------------- 24

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Chapter 1
Introduction

Psychopath is a person having an egocentric and antisocial


personality marked by lack of remorse for one’s action, an
absence of empathy for others, and often criminal tendencies.
Customarily, when individuals hear the word ‘psychopath’
they consider chronic executioners or other cruelly negative
generalization. While this is unquestionably evident now and
again, genuinely, numerous killers, attackers and different
scoundrels don’t experience the ill effects of psychopathy.
Additionally, there is a tremendous distinction between a real
psychopath and being psychotic. On some random day, the
quantity of psychopaths and sociopaths that the normal
individual encounters are shockingly high.
As with any other mental illness, there are different levels of
functionality. It is very possible that the person making your
sandwich at the local subway has been diagnosed as a
psychopath. Just because somebody is suffering from the
disorder does not mean that they are beheading small animals
in their mother’s basement, which is another example of a
harsh stereotype that is often related to the disorder.
These misconceptions can harm a person suffering from
psychopathy to a great extent. Having a good support net is
one of the most important aspects, including getting the
appropriate psychological/psychiatric treatment. For any
mental disorder, this is real. Because of the way society
portrays the word “psychopath”, many people who suffer

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from the disease are unable to talk aloud about their diagnosis.
This is usually out of fear of retribution or being labeled as
crazy.
I feel that it is extremely dangerous in this way and can cause
the person to deteriorate deeper into their own minds and feel
very isolated. Given that the person in question is a high
functioning psychopath, they are actually no different from
anybody else as long as they undergo the proper care. Clearly,
there are causes under which people suffering from
psychopathy is unable to sustain what we would consider a
“normal” existence properly. In fact, these cases are not very
common and this is when we start seeing patients admitted
into inpatient facilities.
The secret, at least from my viewpoint, to addressing this
issue is to de-stigmatize the condition through education and
tolerance.

Aim and objectives


‫ ٭‬The researcher aims to do critical analysis on the behaviour
of psychopaths.
‫ ٭‬The researcher will shed light on as to how the society have
misconceptions about this mental disorder.
‫ ٭‬The researcher will put forward a broader perspective as to
how should the psychopaths be treated in the society.

Research Methodology
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The researcher will do doctrinal as well as non-doctrinal type
of research in which she will go through both the primary and
secondary sources. The researcher through this methodology
will be able to get and exact picture of the subject matter.

Sources and Data Collection


1. Books
2. Newspaper Editorials
3. Journals
4. Lectures
5. Various health-line websites

Limitation of the study


The researcher has a limited number of sources to do the
project. This research is primarily driven by the editorials for
the current farm laws and articles and a few books for the
previous reforms.
Information about who were adversely affected by the reforms
and who were the elite is hard to find. But the researcher will
try his level best to make the project as good as possible.

Mode of citation
The researcher will follow the Blue book citation (20th
edition) in the project report.

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Chapter 2
Who are Psychopaths, symptoms and
diagnosis
The term “psychopath” is used to describe someone who is
callous, unemotional, and morally depraved. While the term
isn’t an official mental health diagnosis, it is often used in
clinical and legal settings.

What Is a Psychopath?
The term “psychopath” was originally used to describe
individuals who were deceitful, manipulative and uncaring. It
was eventually changed to “sociopath” to encompass the fact
that these individuals harm society as a whole. But over the
years, many researchers have returned to using the word
psychopath.
It’s important to note, however, that a psychopath would
likely be diagnosed with antisocial personality disorder, a
broader mental health condition that is used to describe
people who chronically act out and break rules. But only a
small number of individuals with antisocial personality
disorder are considered to be psychopaths.1

Psychopathic behavior varies greatly from one individual to


another. Some are sex offenders and murderers. But others
may be successful leaders. It all depends on their traits.

1
https://en.wikipedia.org/wiki/Psychopathy

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What Are Common Traits of
Psychopathy?
It’s important to distinguish between psychopaths and
individuals with psychopathic traits. It’s possible to exhibit
several psychopathic traits without being an actual
psychopath.
Individuals with psychopathic traits don’t necessarily engage
in psychopathic behavior. Only individuals with psychopathic
traits who also exhibit antisocial behavior are considered to be
psychopaths.
Psychopathic traits commonly include:

 Antisocial behavior
 Narcissism
 Superficial charm
 Impulsivity
 Callous, unemotional traits
 Lack of guilt
 Lack of empathy
One study found that about 29% of the general population
exhibit one or more psychopathic traits. But just 0.6% of the
population is likely to fit the definition of a psychopath.

Is There a Psychopath Test?


While there may be plenty of free “psychopath tests” floating
around on the internet, the test used in psychology is called
the Psychopathy Checklist-Revised (PCL-R).

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It’s a 20-item inventory most commonly used to assess
whether an individual exhibits certain traits and behaviors that
could indicate psychopathy. It’s intended to be completed
along with a semi-structured interview and a review of
available records, such as police reports or medical
information.
It is scored by a mental health professional. The scores are
often used to predict the likelihood that a criminal may
reoffend or whether they are able to rehabilitate. Many studies
have linked psychopathic traits to violence. Court systems
may evaluate criminals’ psychopathic tendencies as a way to
predict the likelihood that they will commit further violent
acts.
The PCL-R is often used as evidence offered by the state to
argue that a defendant poses a high risk of sex offense
recidivism. Occasionally, the test results are also employed by
the defence as a way to try and prove that an offender poses a
low risk of reoffending due to the absence of psychopathic
traits.
The PCL-R can sometimes be used in the determination of
parole. It is most often introduced by the state as a way to
show that an offender may be likely to commit further acts of
violence upon release.
Psychopathy assessments have been introduced during the
sentencing phase of death penalty cases as well. In most cases,
the PCL-R has been used to argue that a defendant is likely to
commit violence in prison—a factor that may warrant the
death penalty.
The PCL-R has also been introduced in some civil
commitment determinations, juvenile transfers to adult courts,
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termination of parental rights, sentence enhancements, and
competence to stand trial proceedings.
But there have been some cases where the introduction of the
PCL-R was prohibited as some research suggests that
psychopathy may not be as strong a predictor of institutional
violence as some proponents have argued.
An alternative test, the Psychopathic Personality Inventory
(PPI) was introduced in 1996. This test is used to assess
psychopathic traits in non-criminal populations. It may still be
used with incarcerated individuals, but it is more often applied
to other populations, such as university students.

Signs of a Psychopath
Psychopathic traits may emerge during childhood and grow
worse over time. Here are some of the most common signs of
a psychopath:
Superficial charm — Psychopaths are often likable on the
surface. They’re usually good conversationalists, and they
share stories that make them look good. They may be funny
and charismatic as well.
Need for stimulation — Psychopaths love excitement. They
like to have constant action in their lives, and they frequently
want to live in the “fast lane.” Quite often, their need for
stimulation involves breaking rules. They may enjoy the thrill
of getting away with something, or they might even like the
fact that they could “get caught” at any
moment. Consequently, they often struggle to stay engaged in
dull or repetitive tasks, and they may be intolerant of routines.

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Pathological lying — Psychopaths tell lies to look good and
get out of trouble. But they also tell lies to cover up their
previous lies. They have difficulty keeping their stories
straight sometimes as they forget what they’ve said. If
challenged by anyone, they simply change their story again or
rework the facts to fit the situation.
Grandiose sense of self-worth — Psychopaths have
an inflated view of themselves. They see themselves as
important and entitled. They often feel justified to live
according to their own rules, and they think that the laws
don’t apply to them.
Manipulative — Psychopaths are really good at getting other
people to do what they want. They may play on one person’s
guilt while lying to get someone else to do their work for
them.
Lack of remorse — Psychopaths don’t care how their
behavior affects other people. They may forget about
something that hurts someone, or they may insist that others
are overreacting when their feelings are hurt. Ultimately, they
don’t experience any guilt for causing people pain. In fact,
they often rationalize their behavior and blame other people.
Shallow affect — Psychopaths don’t show many emotions -
at least not genuine ones. They may appear cold and
unemotional much of the time. But when it serves them well,
they might exhibit a dramatic display of feelings. These are
usually short-lived and quite shallow. For example, they may
show anger if they can intimidate someone, or they might
show sadness to manipulate someone. But they don’t really
experience these emotions.

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Lack of empathy — Psychopaths struggle to understand how
someone else might feel afraid, sad, or anxious. It just doesn’t
make sense to them as they’re not able to read people. They’re
completely indifferent to people who are suffering—even
when it’s a close friend or family member.
Parasitic lifestyle — Psychopaths may have sob stories about
why they can’t earn money, or they might often report being
victimized by others. Then, they take advantage of the
kindness of others by depending on them financially. They
use people to get whatever they can with no regard for how a
person may feel.
Poor behavioral controls — Psychopaths struggle to follow
rules, laws, and policies much of the time. Even if they set out
to follow the rules, they usually don’t stick to them for long.
Early behavioral problems — Most psychopaths exhibit
behavioral problems at an early age. They may cheat, skip
school, vandalize property, abuse substances, or become
violent. Their misbehaviors tend to escalate over time and are
more serious than their peer’s misbehaviors.
Lack of realistic, long-term goals — A psychopath’s goal
might be to become rich or be famous. But quite often, they
have little idea about how to make these things happen.
Instead, they insist that somehow they’ll get what they want
without putting in the effort to get there.
Impulsivity — Psychopaths respond to things according to
the way they feel. They don’t spend time thinking about the
potential risks and benefits of their choices. Instead, they want
immediate gratification. So they may quit a job, end a
relationship, move to a new city, or buy a new car on a whim.

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Irresponsibility — Promises don’t mean anything to
psychopaths. Whether they promise to repay a loan or sign a
contract, they aren’t trustworthy. They may shrug off child
support payments, get deeply in debt, or forget about
obligations and commitments.
Lack of responsibility — Psychopaths don’t accept
responsibility for the problems in their lives. They see their
issues as always being someone else’s fault. They frequently
play the role of the victim and enjoy sharing stories about how
others have taken advantage of them.
Many marital relationships — Psychopaths may get married
because it serves them well. For example, they may want to
spend a partner’s income or share their debt with someone
else. But their behavior often leads to frequent divorces as
their partners eventually see them in a more accurate light.
Criminal versatility — Psychopaths tend to view rules as
suggestions—and they usually view laws as restrictions that
hold them back. Their criminal behaviors are often quite
varied. Driving infractions, financial violations, and acts of
violence are just a few examples of the array of crimes one
might commit. Of course, not all of them get incarcerated.
Some may operate under shady businesses or engage in
unethical practices that don’t lead to an arrest.
Revocation of conditional release — Most psychopaths
don’t adhere to the rules of conditional release when they are
released from prison. They may think they won’t get caught
again. Or they may find ways to excuse their behavior. They
might even blame “getting caught” on other people.

Causes of Psychopathy
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Early research on psychopathy suggested the disorder often
stemmed from issues related to the parent-child attachment.
Emotional deprivation, parental rejection, and a lack of
affection were thought to increase the risk that a child would
become a psychopath.
Studies have found a link between maltreatment, abuse,
insecure attachments, and frequent separations from
caregivers. Some researchers believe that these childhood
issues can cause psychopathic traits.
But other researchers suggest it may be the other way around.
Kids with serious behavioral problems may end up with
attachment issues because of their behavior. Their misconduct
might push adults away from them.
It’s likely that psychopathic traits stem from several factors,
such as genetics, neurological alterations, adverse parenting,
and maternal prenatal risks (such as exposure to toxins in
utero).

Chapter 3
Psychopaths and their Anti-Social
Behaviour
Psychopathy is characterized by diagnostic features such as
superficial charm, high intelligence, poor judgment and
failure to learn from experience, pathological egocentricity
and incapacity for love, lack of remorse or shame,
impulsivity, grandiose sense of self-worth, pathological lying,
manipulative behavior, poor self-control, promiscuous sexual
behavior, juvenile delinquency, and criminal versatility,
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among others. As a consequence of these criteria, the image of
the psychopath is that of a cold, heartless, inhuman being. But
do all psychopaths show a complete lack of normal emotional
capacities and empathy?
Like healthy people, many psychopaths love their parents,
spouse, children, and pets in their own way, but they have
difficulty in loving and trusting the rest of the world.
Furthermore, psychopaths suffer emotionally as a
consequence of separation, divorce, death of a beloved
person, or dissatisfaction with their own deviant behavior.
Sources of sadness
Psychopaths can suffer emotional pain for a variety of
reasons. As with anyone else, psychopaths have a deep wish
to be loved and cared for. This desire remains frequently
unfulfilled, however, because it is obviously not easy for
another person to get close to someone with such repellent
personality characteristics. Psychopaths are at least
periodically aware of the effects of their behavior on others
and can be genuinely saddened by their inability to control it.
The lives of most psychopaths are devoid of a stable social
network or warm, close bonds.2
The life histories of psychopaths are often characterized by a
chaotic family life, lack of parental attention and guidance,
parental substance abuse and antisocial behavior, poor
relationships, divorce, and adverse neighborhoods.These
persons may feel that they are prisoners of their own
etiological determination and believe that they had, in
comparison with normal people, fewer opportunities or
advantages in life.

2
Psychopathy: Theory, Research and Implications for Society by Robert D.Hare

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Despite their outward arrogance, psychopaths feel inferior to
others and know they are stigmatized by their own behavior.
Some psychopaths are superficially adapted to their
environment and are even popular, but they feel they must
carefully hide their true nature because it will not be
acceptable to others. This leaves psychopaths with a difficult
choice: adapt and participate in an empty, unreal life, or do
not adapt and live a lonely life isolated from the social
community. They see the love and friendship others share and
feel dejected knowing they will never be part of it.3
Psychopaths are known for needing excessive stimulation, but
most foolhardy adventures only end in disillusionment
because of conflicts with others and unrealistic expectations.
Furthermore, many psychopaths are disheartened by their
inability to control their sensation-seeking and are repeatedly
confronted with their weaknesses. Although they may attempt
to change, low fear response and associated inability to learn
from experiences lead to repeated negative, frustrating, and
depressing confrontations, including trouble with the justice
system.
As psychopaths age, they are not able to continue their
energy-consuming lifestyle and become burned-out and
depressed while they look back on their restless life full of
interpersonal discontentment. Their health deteriorates as the
effects of their recklessness accumulate.4
Emotional pain and violence
Social isolation, loneliness, and associated emotional pain in
psychopaths may precede violent criminal acts. They believe
that the whole world is against them and eventually become
3
The Antisocial Personalities by David T. Lykken
4
Violence and Psychopathy by Adrian Raine and Jose Sanmartin

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convinced that they deserve special privileges or rights to
satisfy their desires. Violent psychopaths ultimately reach a
point of no return, where they feel they have cut through the
last thin connection with the normal world. Subsequently,
their sadness and suffering increase, and their crimes become
more and more bizarre.
Self-destruction
Violent psychopaths are at high risk for targeting their
aggression toward themselves as much as toward others. A
considerable number of psychopaths die a violent death a
relatively short time after discharge from forensic psychiatric
treatment as a result of their own behavior (for instance, as a
consequence of risky driving or involvement in dangerous
situations). Psychopaths may feel that all life is worthless,
including their own.

Chapter 4
Misconceptions of society about
psychopaths
1. Psychopaths are insane
The American Psychiatric Association considers psychopathy
(which it equates with sociopathy and antisocial personality
disorder) to be a personality disorder, while some people
regard it as a personality type. Both agree that psychopaths
know the difference between right and wrong. Legally,
psychopaths are not insane. They do not hear voices or
experience other hallucinations. Their thoughts are not
disordered or skewed by delusions. In other words, they are
not psychotic, a feature of mental illness.
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2. All mass murderers are psychopaths.
It is often believed that all the mass murderers are
psychopaths. But research and stats does not prove this to be
true. 1 in hundred mass murderers would be a psychopath.
3. All psychopaths are violent.
Psychopathy is a risk factor, but not a guarantee, that someone
could be physically violent. That is not surprising if reckless
risk-taking is combined with lack of empathy and guilt, and
an inability to form deep emotional bonds with other human
beings. We might not want to hang out with someone with
these traits and we certainly don’t want to share a situation in
which resources are scarce. But the collection of traits and
behaviors that characterize psychopaths leaves plenty of room
for nonviolent lifestyles.Wake up to the day's most important
4. Prisons are full of psychopaths.
Prisons are not full of psychopaths, but they are full of people
with antisocial personality disorder. Although the Psychiatric
Society still equates psychopathy with antisocial personality
disorder, the majority of psychopathy experts do not.
Antisocial personality disorder is diagnosed based on
antisocial acts and behaviors. Not surprisingly, most—75
percent or so—of the folks you will meet in prison qualify for
this diagnosis. As outlined in the introduction, a diagnosis of
psychopathy is based on more than the antisocial behaviors
used to identify someone with antisocial personality disorder.
Approximately 20 to 25% of prisoners are psychopaths,
according to estimates by psychologists.
5. Experts agree on the nature of the psychopath.
There is little disagreement among experts about the presence
of psychopathy in certain individuals. One classic example is
the criminal who scores high on the Hare Psychopathy
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Checklist. These people show mean, callous, remorseless,
coldblooded, and aggressive behavior. These are the rare folks
police profilers encounter on the job.
Disagreements among experts start to emerge when the
concept of psychopathy is extended to other populations and
when newer, different measuring tools are used to identify
them. Subtypes of psychopaths such as successful versus
unsuccessful, and primary versus secondary are discussed but
still very poorly understood. Should a cold-hearted, empathy-
deficient, callous and emotionally shallow person share the
label “psychopath” with a cold-hearted, empathy-deficient,
callous but anxious person? Should the label be reserved for
extreme cases? Or can the elements of the constellation of
psychopathic traits be present in different degrees and
combinations to yield a variety of problematic, and some less
problematic, personalities we have hardly begun to explore?

Chapter 5
How should the psychopaths be treated in
the society?
The researcher believe they should be treated like everyone
else, but with a little more patience and understanding. They
literally can't help how they are. The criminal justice system
treats them even worse than typical criminals, even with the
fact of abuse and that they are biologically programmed to act
in the manner they do. The researcher believe they should be
isolated for their and everyone else's safety, and should be
given mandatory intensive therapy and taught social skills and
career skills in order to adjust into society, encouragement and
convince them to channel their abilities into socially
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acceptable professions. The researcher doubt any of them are
truly complacent living their entire lives in a cell, unable to go
anywhere and having their every action and activity dictated.
Lawyers, Surgeons, and CEOs have all found socially
acceptable ways to channel their abilities, and more or less
help people. They should be encouraged to follow a similar
life path in order to be functioning members of society.
There 3 main reasons psychopaths and psychotic people are
treated differently in regards to their actions:
1) It's very apparent that psychotic people can't comprehend
their actions, they're disconnected from reality, and we don't
need brain scans and a psychiatrist to explain to us why they
can't comprehend their behavior, we can see very clearly that
they're delusional and mentally tortured. Psychopaths'
illnesses are less apparent, and their genetics and brain
chemistry is responsible for their pathology.
2) even with brain scans and an explanation from an MD, it
doesn't matter. It's not apparent that psychopaths are mentally
ill, because they aren't disconnected with reality, and any
crime they commit, they're fully aware of and it's out of their
own conscious volition. It doesn't matter if we explain that
their behavior is the result of genetics and brain chemistry,
because of the stigma attached to the disorder, and the fact
that very little is known about it and very few people know
much about it, they're still treated harshly. Even without the
stigma, depending on the nature of their crimes the majority
of society that thinks with emotion rather than logic and
rationale won't care anyway. The only possible exception
would be children, because emotional beings don't think
rationally, the majority of the time, kids who display
antisocial behavior are excused from their crimes because

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they're deemed too young to really comprehend the
consequences of their actions, and people don't like punishing
young children to the fullest extent of the law. Law & Order
does a great job of showcasing this in many episodes.
3) The reasons psychotic and psychopathic people commit
crimes are totally different. Psychotic people are not in touch
with reality. They have false beliefs, and hallucinations, and
can't comprehend their own behavior. Psychopaths on the
other hand, are fully in touch with reality, and can totally
comprehend their actions. But since they lack empathy and
sympathy, and lack the ability to be emotionally attached to
others, they can't comprehend why their actions are wrong or
why they should care. They realize they may not be socially
acceptable, and may even hold a set of principles of things
they may not do, but they lack the ability to care about and/or
understand how their actions affect others. That's why it's said
they suffer from their disorders. They often times destroy
their own lives, as well as their relationships and the lives of
others, and lack the mental fortitude to care.

Hypothesis
Psychopaths should be treated like everyone else unless they
commit a crime, then they should be treated like everyone else
who commit crimes.

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Chapter 7
Bibliography
Books and Articles
1. Psychopathy: Theory, Research and Implications for
Society by Robert D.Hare
2. Violence and Psychopathy by Adrian Raine and Jose
Sanmartin
3. The Antisocial Personalities by David T. Lykken
4. The Science of Evil: On Empathy and Origins
5. The Criminal Psychopath: report by National Crime
Records Bureau
6. How Psychopaths see the world by The Atlantic
7. Into the mind of Psychopaths by Discover Magazine

Internet Sources
1.https://www.sciencedaily.com/releases/2020/05/200512190
000.htm
2.https://www.tandfonline.com/doi/full/10.1080/02698595.20
18.1424761
3. https://en.wikipedia.org/wiki/Psychopathy
4. https://www.psychologytoday.com/intl/basics/psychopathy

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