There are many things that drive behavior. Especially in the criminal justice system, many people who are involved in the criminal justice system have had to find unique and alternative ways to have their needs met. These behaviors may come across as maladaptive, a harmful behavior that is often against typical social norms. As a professional in this field, it is important to be objective and non-judgemental when working with this population, so people impacted by the criminal justice system are not further stigmatized.

There are considerations when working with justice involved people that any direct service provider must be mindful of to ensure they are addressing the maladaptive traits. Again, maladaptive traits can occur simply because people have had to develop complex ways to get their needs met. Others engage in concerning behaviors that victimizes others.

2.4.1 Psychopathy

Psychopathy traits are clinically recognized, however psychopathy is not a diagnosis recognized in the DSM-V. It is essential to be familiar with these traits when working in the criminal justice system. Psychopathy traits are also found in a higher number of people in the criminal justice system. According to the American Psychological Association, “About 1.2% of U.S. adult men and 0.3% to 0.7% of U.S. adult women are considered to have clinically significant levels of psychopathic traits. Those numbers rise exponentially in prison, where 15% to 25% of inmates show these characteristics.”

Psychopathy traits examples include: lack of empathy, callousness, deceitfulness, and grandiosity (Burton & Saleh, 2020). Dr. Robert Hare created the Hare Psychopathy Checklist Revised (PCL-R), which is a screening tool utilized for diagnostic considerations. Generally, the PCL-R is used for forensic populations (i.e. incarcerated people, patients in forensic hospitals, or people involved in the criminal justice system). Clinical professionals with an advanced degree can complete specialized training to administer the PCL-R (Without Consciousness, Robert Hare, n.d.).

2.4.2 Anosognosia

Anosognosia is a term utilized when someone rejects a mental disorder diagnosis. A phrase utilized often in the mental health field is “lack of insight.” It is important to recognize that a person’s insight into their mental disorder may fluctuate over time, which is common. A person’s self-awareness surrounding their diagnosis may change based on other risk factors and increase of symptoms occurring in their life. Someone with anosognosia may avoid accessing treatment service or remaining consistent with their medication regimen. Oftentimes, people involved in the criminal justice system are court-mandated to take their mental health medications as prescribed and attend mental health treatment. If someone struggles with anosognosia, their mental health may decompensate leaving them at risk for legal ramifications for not following the court imposed mandates.

2.4.3 Malingering

Malingering refers to a secondary gain for the person involved in the criminal justice system.. This secondary gain is not the intention of the service being provided. For instance, a person may exaggerate their symptoms to attempt to get special housing in a controlled environment such as a prison or a jail. A person may also provide false information during a clinical interview to attempt to place blame on mental health symptoms rather than take responsibility for their actions that may have impacted them negatively in the criminal justice system.

2.4.4 Criminality

Criminality is the behaviors and cognitions that a person engages in that supports a criminal lifestyle. This can be a complicated term for professionals working in the criminal justice field. Some professionals acknowledge that people in the criminal justice system experience high rates of trauma throughout their lifetime. Other professionals recognize that there are deeply ingrained behaviors and cognitions that contribute to a criminal lifestyle. Those who work in the criminal justice system recognize the criminality is often a symptom to acknowledge and treat while in treatment. Well-informed professionals can name the ‘both/and’ when it comes to people impacted by trauma, while also engaging in maladaptive behaviors and cognitions that lead them further into criminal patterns. There are many curriculums and treatment modalities that incorporate and acknowledge criminality.