A matter of life or death: Special considerations and heightened practice standards in capital sentencing evaluations

Citation
Md. Cunningham et Tj. Reidy, A matter of life or death: Special considerations and heightened practice standards in capital sentencing evaluations, BEH SCI LAW, 19(4), 2001, pp. 473-490
Citations number
51
Categorie Soggetti
Psycology
Journal title
BEHAVIORAL SCIENCES & THE LAW
ISSN journal
07353936 → ACNP
Volume
19
Issue
4
Year of publication
2001
Pages
473 - 490
Database
ISI
SICI code
0735-3936(2001)19:4<473:AMOLOD>2.0.ZU;2-E
Abstract
Mental health evaluations at capital sentencing represent a complex and spe cialized arena of practice. The moral culpability focus of capital sentenci ng is distinct from guilt-phase considerations of criminal responsibility, and has a specialized literature. Capital violence risk assessment is uniqu ely oriented to a prison context, relying on past adjustment to incarcerati on, as well as group statistical data specific to capital offenders and oth er inmate groups. Personality testing is a more complex consideration in ca pital sentencing evaluations. The implications of interviewing the defendan t, as well as the parameters and documentation of an interview, make full d isclosure and informed consent of particular importance. Defense- and prose cution-retained experts are subject to specific ethical vulnerabilities. Th ese are examined in this paper through the lens of current professional sta ndards. Copyright (C) 2001 John Wiley & Sons, Ltd.