SAGE Journal Articles
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Cunningham, M. D., & Reidy, T. J. (2002). Violence risk assessment at federal capital sentencing: Individualization, generalization, relevance, and scientific standards. Criminal Justice and Behavior, 29, 512-537.
A summary of the law and research applying actuarial data to assessments of risk in the death penalty context. The authors, both practicing forensic psychologists, note that some mental health practitioners testifying in capital cases continue to use unreliable methods for assessing future dangerousness.
Abstract
The application of group statistical data to violence risk assessment enjoys strong empirical support. Accordingly, this method has dominated expert testimony regarding future dangerousness at federal capital sentencing trials across the past 5 years. Standards for admissibility of violence risk assessment testimony in federal capital sentencing are being considered but remain ambiguous. Challenges to violence risk assessment testimony in these cases have broadly centered on issues of relevancy and reliability. Corollary questions include when such assessments are sufficiently individualized, whether group data can be generalized across American correctional settings, what scientific evidence supports a given methodology, and how information regarding special conditions of confinement is relevant to risk. Conceptual perspectives and scientific evidence regarding each of these issues are discussed.
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Levenson, J. S., & Morin, J. W. (2006). Factors predicting selection of sexual violent predators for civil commitment. International Journal of Offender Therapy and Comparative Criminology, 50, 609-629.
A study of 450 sexual offenders evaluated for civil commitment as sexually violent predators in Florida. The researchers identify the diagnoses and demographic variables that—in addition to risk assessment scores—predicted a clinician’s recommendation of civil commitment.
Abstract
This study investigated the degree to which independent variables predicted civil commitment selection in a sample of 450 sexual offenders evaluated for civil commitment as “sexually violent predators” under Florida’s Jimmy Ryce Act. Using logistic regression, this study examined the relationship between the dependent variable, commitment recommendation, and several sets of independent variables. Results revealed that the statistically significant predictors of recommendations for sex offender civil commitment were diagnoses of pedophilia and paraphilia not otherwise specified (NOS), psychopathy, actuarial risk assessment scores, younger age of victim, and nonminority race (R2 = .88). Discriminant function analysis confirmed that these variables correctly predicted commitment recommendations in 90% of cases. Sex offenders recommended for commitment consistently met the criteria set forth by the U.S. Supreme Court in Kansas v. Hendricks (1997): They suffered from a mental abnormality predisposing them to sexual violence, and risk assessment determined that they were likely to reoffend.
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Kroner, D. G., Mills, J. F., Reitzel, L. R., Dow, E., Aufderheide, D. H., & Railey, M. G. (2007). Directions for violence and sexual risk assessments in correctional psychology. Criminal Justice and Behavior, 34, 906-918.
A well-written review of the current status of risk assessment and prediction. The review, written by a team of leading experts, is indispensible for anyone studying consultation practices and knowledge in criminal courts.
Abstract
This review covers the current contributions to risk assessment. The fields of static and dynamic variables are covered for both violent and sexual offenders. The research on risk management strategies and how risk assessment is communicated to decision makers is also reviewed. Methodological considerations in risk-assessment research focus on incorporating time until failure, multiple failures, and severity of failure as outcomes. For each of the areas covered, future research directions are formulated.