4 - Kleptomaniaand the Law

Summary

The American Law Institute (ALI) test stated that a defendant is insane if he lacks substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Courts have historically viewed the use of impulse control deficits as a defense with a degree of skepticism. Patients with kleptomania have significant impulsivity and may have high rates of comorbid mood disorders, anxiety disorders, eating disorders, and personality disorders. When using a profiling technique in an attempt to determine if a defendant accused of theft suffers from kleptomania, the expert must use caution. Not every kleptomaniac will fit the typical psychological profile, and not every shoplifter who seems to meet the profile will have kleptomania. The kleptomaniacs did rate higher than the shoplifters on the feeling of inner tension before theft.