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Assessing Adaptive Functioning in Death Penalty Cases after Hall and DSM-5.

Leigh D Hagan¹, Eric Y Drogin², Thomas J Guilmette²

¹Dr. Hagan is in independent practice and is Assistant Professor, Department of Psychiatry and Behavioral Sciences, Eastern Virginia Medical School, Norfolk, VA; Dr. Drogin is Lecturer on Psychiatry (Part-Time), Department of Psychiatry, Harvard Medical School, serving in the Program in Psychiatry and the Law, Beth Israel Deaconess Medical Center, Boston, MA; Dr. Guilmette is Professor of Psychology, Providence College, and Adjunct Associate Professor of Psychiatry and Human Behavior, Warren Alpert Medical School, Brown University, Providence, RI. lhagan@leighhagan.com.

The Journal of the American Academy of Psychiatry and the Law

|March 6, 2016

Summary

This study outlines strategies for assessing adaptive functioning in capital punishment cases, emphasizing a comprehensive evaluation of assets and deficits across the lifespan to determine eligibility for exemption.

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Area of Science:

Forensic Psychology
Neuropsychology
Legal Psychology

Background:

Recent legal decisions (Hall v. Florida, 2014) have intensified scrutiny on adaptive functioning assessments in capital punishment cases.
The Atkins v. Virginia (2002) ruling established intellectual disability as a basis for exemption from capital punishment, necessitating accurate adaptive functioning evaluations.

Purpose of the Study:

To provide evidence-based strategies for assessing adaptive functioning in defendants seeking exemption from capital punishment.
To guide legal professionals and clinicians in conducting thorough and legally sound evaluations of adaptive functioning.

Main Methods:

Review of legal precedents and psychological assessment guidelines.
Analysis of adaptive functioning domains relevant to capital cases.
Emphasis on utilizing standardized measures according to test manual instructions.

Main Results:

Recommended strategies include assessing both adaptive assets and deficits.
Evaluations must consider evidence across the developmental period and lifespan.
Distinguishing true incapacity from the mere absence of adaptive behavior is crucial.

Conclusions:

Accurate assessment of adaptive functioning is critical for determining capital punishment eligibility.
Adherence to standardized testing protocols and informant bias awareness are essential.
The standard error of measurement (SEM) requires careful consideration in light of recent legal standards.