Robert Roberson is scheduled for execution in Texas on 16 October for the 2002 murder of his daughter Nikki Curtis. Supporters, including the lead detective and Dr Phil, argue he is innocent, claiming a faulty shaken baby syndrome diagnosis led to his conviction. However, another diagnosis—the Psychopathy Checklist-Revised (PCL-R), often called the 'psychopath test'—also played a role in sentencing.
Psychologist Thomas Allen interviewed Roberson using the checklist, scoring him high and comparing him to Adolf Hitler and Saddam Hussein. Allen suggested Roberson would remain dangerous, though less so if imprisoned. No recordings of the interview or jury deliberation exist, but researchers and lawyers now question whether the term 'psychopath' is overused in court, swaying juries toward harsher punishments based on stereotypes.
A Marshall Project review found over a dozen death sentences since 1998 involving PCL-R testimony, with likely many more untracked cases. In 2021, the US Supreme Court declined to hear Quintin Jones's argument that the checklist falsely labeled him a psychopath; he was executed shortly after. Unlike Jones, Roberson maintains his innocence, raising concerns that an innocent man may have been diagnosed as a psychopath.
The checklist, designed by Canadian psychologist Robert Hare in the 1970s, measures traits like impulsivity and lack of remorse. Hare has long advocated for careful use and opposes its application in death penalty cases. 'I would be appalled if a decision of life or death were based on the [checklist],' he told the Marshall Project, adding it should never be the sole basis for serious decisions. Critics note parallels to psychiatrist James Grigson, known as 'Dr Death,' whose diagnosis of an 'extreme psychopath' in 1977 led to a wrongful death sentence.
