Don't Confuse me with the Facts
- 1 March 1999
- journal article
- Published by SAGE Publications in Criminal Justice and Behavior
- Vol. 26 (1) , 20-43
- https://doi.org/10.1177/0093854899026001002
Abstract
The life and death context of a capital risk assessment requires a comprehensive forensic evaluation. Mental health professionals routinely testify regarding future dangerousness in capital proceedings but too often limit assessment to DSM-IV diagnoses and criminal history without integrating empirical and actuarial data from other sources. Given the grave magnitude of a capital risk assessment both for the defendant and society, methodological and conceptual errors of this type must be avoided. This article will describe violence risk-assessment errors made by mental health professionals testifying at capital sentencing. Observed errors include inadequate reliance on base rates, failure to consider context, susceptibility to illusory correlation, failure to define severity of violence, overreliance on clinical interview, misapplication of psychological testing, exaggerated implications of antisocial personality disorder, ignoring the effects of aging, misuse of patterns of behavior, neglect of preventive measures, insufficient data, and failure to express the risk estimate in probabilistic terms.Keywords
This publication has 43 references indexed in Scilit:
- Minnesota Multiphasic Personality Inventory.Published by American Psychological Association (APA) ,2000
- Antisocial personality disorder and psychopathy: diagnostic dilemmas in classifying patterns of antisocial behavior in sentencing evaluationsBehavioral Sciences & the Law, 1998
- Integrating base rate data in violence risk assessments at capital sentencingBehavioral Sciences & the Law, 1998
- Improving the clinical practice of violence risk assessment: Technology, guidelines, and training.American Psychologist, 1996
- Offender ClassificationCriminal Justice and Behavior, 1996
- Jury decision making in the capital penalty phase: Legal assumptions, empirical findings, and a research agenda.Law and Human Behavior, 1992
- Predicting Violence in Newly Admitted InmatesCriminal Justice and Behavior, 1990
- Effects of alcohol on human aggression: An intergrative research review.Psychological Bulletin, 1990
- Clinical Versus Actuarial JudgmentScience, 1989
- Texas Capital Sentencing Procedures: The Role of the Jury and the Restraining Hand of the ExpertThe Journal of Criminal Law and Criminology (1973-), 1978