BORN TO BE AN OFFENDER? ANTISOCIAL PERSONALITY DISORDER AND ITS IMPLICATIONS ON JUVENILE TRANSFER TO ADULT COURT IN FEDERAL PROCEEDINGS by

Antisocial personality disorder (ASPD) has become a common term to describe individuals demonstrating life-long psychopathic tendencies. This use of ASPD is misguided and can result in the permanent stigmatization of individuals so labeled, and it is particularly concerning when used to label juveniles. The diagnostic criteria for ASPD excludes individuals who have not reached the age of 18, and yet ASPD is still a term found in numerous judicial opinions involving juvenile defendants. This Note discusses the DSMIV-TR criteria for ASPD, potential causes of ASPD, and the societal impact of receiving an ASPD diagnosis, with a specific focus on the use of ASPD within judicial decisions to transfer juveniles to adult court. The transient nature of a majority of juvenile offending, in addition to the potential confusion of ASPD with psychopathy and the inaccurate bias this may cause against juveniles, raises significant concerns regarding any consideration of ASPD within juvenile proceedings.