Integrating risk and dangerousness in specific legal contexts: Clarifying concepts and justifying interventions

Several legal interventions under the police power and parens patriae functions of the state depend partially on judgments that an individual is dangerous. Psychological research regarding risk assessment can provide relevant evidence regarding the appropriate application of these interventions. Developing, interpreting, and presenting relevant research regarding risk assessment in a manner that enhances the ability of courts to make accurate determinations of dangerousness requires clarification of the risk presented by this individual and explanation of how this person generates this risk. Testimony regarding such research can enhance the ability of the courts to make accurate judgments regarding the relationship between the risk presented and the justification for the specific intervention at issue. This article examines the justificatory functions of judgments of dangerousness for various police power and parens patriae interventions in order to clarify the manner in which psychological research and testimony can contribute to the ability of the courts to accurately assess the risk presented by an individual in making a judgment of dangerousness for a specific form of legal intervention.