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Trauma-Focused Mitigation Testimony in Capital Sentencing Hearings
Julie Goldenson1, Stanley L Brodsky2
1Dr. Goldsenson is Clinical and Forensic Psychologist, Assistant Professor at the University of Toronto, Ontario Institute for Studies in Education, Toronto, Ontario, Canada. Dr. Brodsky is Clinical and Forensic Psychologist, Tuscaloosa, AL. j.goldenson@utoronto.ca biminip@gmail.com.
The Journal of the American Academy of Psychiatry and the Law
|November 18, 2021
Summary
Forensic mental health experts can improve capital trial sentencing by assessing developmental trauma using ICD-11 complex posttraumatic stress disorder criteria and Cunningham
Area of Science:
- Forensic Psychology
- Clinical Psychology
- Legal Psychology
Background:
- Forensic mental health experts play a crucial role in capital trials during the sentencing phase, providing mitigation evidence.
- Assessing developmental trauma and its impact on defendants is essential for a comprehensive evaluation.
Purpose of the Study:
- To explore promising aspects of forensic mental health testimony in capital sentencing.
- To highlight the utility of ICD-11 complex posttraumatic stress disorder (PTSD) and Cunningham's framework in evaluating culpability.
Main Methods:
- Conceptual analysis of developmental trauma in defendants.
- Application of ICD-11 criteria for complex PTSD.
- Utilizing Cunningham's framework to assess moral and legal culpability.
- Examining the role of specialized training in trauma evaluation.
Main Results:
- Developmental trauma is effectively conceptualized through ICD-11 complex PTSD.
- Cunningham's framework aids in distinguishing moral from legal culpability.
- Targeted training enhances forensic professionals' ability to conduct trauma mitigation evaluations.
Conclusions:
- Forensic mental health testimony can be significantly enhanced by integrating developmental trauma assessment, ICD-11 complex PTSD, and Cunningham's framework.
- Specialized training is vital for forensic professionals to skillfully conduct trauma-informed mitigation evaluations in capital cases.
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