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
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.