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The Resident-intruder Paradigm: A Standardized Test for Aggression, Violence and Social Stress
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Decision-making about volitional impairment in sexually violent predators.

Cynthia Calkins Mercado1, Brian H Bornstein, Robert F Schopp

  • 1Department of Psychology, John Jay College of Criminal Justice, New York, NY 10021, USA. cmercado@jjay.cuny.edu

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This study explored what legal professionals, psychologists, and mock jurors consider key factors in determining sex offender volitional impairment. Findings indicate verbalization of control, past sexual violence, and hearing context significantly influence these judgments.

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Area of Science:

  • Forensic Psychology
  • Legal Psychology
  • Criminology

Background:

  • The Supreme Court's Kansas v. Hendricks (1997) decision allows civil commitment for sex offenders deemed unable to control dangerousness.
  • The legal definition of "volitional impairment" remains unclear, creating ambiguity in commitment proceedings.

Purpose of the Study:

  • To investigate factors influencing determinations of sex offender volitional impairment.
  • To compare the perspectives of legal professionals, psychologists, and mock jurors on volitional impairment.

Main Methods:

  • 16 vignettes describing pedophilic offenders were presented to legal professionals (n=43), psychologists (n=40), and mock jurors (n=76).
  • Participants were randomly assigned to either a sexual predator commitment or an insanity hearing context.
  • Vignettes included combinations of variables hypothesized to affect judgments of volitional impairment.

Main Results:

  • Participants generally estimated high likelihoods of future sexual violence.
  • Verbalization of control, history of sexual violence, and hearing context were deemed highly relevant to volitional impairment.
  • Judgments varied based on the assigned hearing context (commitment vs. insanity).

Conclusions:

  • The study highlights the need for clearer legal standards regarding volitional impairment in sex offender commitment cases.
  • Findings have implications for policy and practice in assessing and managing sex offenders.
  • Understanding these factors is crucial for consistent and just legal decision-making.