Present-day legal judgments of psychopathological criminals strongly avoid the exploitation of “moral” considerations. Currently, the attribution of responsibility to criminals often takes advantage of the cognitive concept of mental incapacity so that, in these cases, the moral judgment about moral conducts of “psycho-pathological” criminals is potentially extinguished. We contend that the theories and methods that are currently used in western societies to discharge moral and legal responsibility are not clear in their epistemic structure and so partially unreliable. To support this conclusion we take advantage of our recent cognitive studies concerning the multiplicity of moral frameworks, the gene/cognitive niche co-evolution, and the concept of free will.