Q: How can I prove someone is a psychopath in court?
Generally speaking, you probably can’t. “Psychopath” (or sociopath) typically describes a person who has been diagnosed with one or more personality disorders, such as Antisocial Personality Disorder (APD or ASPD), Narcissistic Personality Disorder (NPD), and others.
Since they are defined illnesses, most courts will only permit an expert in the field to testify, and since it is considered someone’s private medical information, it may not be allowed at all. The most common test is the PCL-R assessment, in which a clinician must have special training just to administer the test. The test is used primarily on incarcerated individuals, as they are a captive audience.
A suspected sociopath in the general population would have no reason to submit to such a test, as it would only expose their true self. And if you suggested it to them, you would be unwittingly setting yourself up as a threat, and ultimately heading down the path of becoming a targeted victim.
What options are left?
My personal suggestion is to stick with the facts in court, and support your facts with solid evidence. Such evidence would include audio and video from hidden cameras and audio recording devices (an iPod Touch can record hours-upon-hours). Don’t attempt to quote them; allow them to be their own worst witness by playing their own words in court.
If you even mention “sociopath” or “psychopath” in court, the opposing attorney will likely rip you apart under cross-examination, and chip away at your credibility to the point of destroying it. Maintain your cool.
Gather a mountain of evidence, as carefully as you can, and present it in such a way that the court will come to the same conclusion you suspected.
How similar is the judge to the convict?
In some cases, more so than you’d ever imagine. Both can be afflicted with NPD, a disorder that makes them feel superior to everyone around them. Though each can have the same disorder, they chose vastly different paths to use those traits; such as a elevated sense of superiority, lack of compassion, and so on.