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29 J. Psychiatry & L. 433 (2001)
Psychopathy and the Death Penalty: Can the Psychopathy Checklist-Revised Identify Offender Who Represent a Continuing Threat to Society

handle is hein.journals/jpsych29 and id is 451 raw text is: The Journal of Psychiatry & Law 29/Winter 2001

Psychopathy and the death
penalty: can the Psychopathy
Checklist-Revised identify
offenders who represent a
continuing threat to society?
BY JOHN F. EDENS, PH.D., JOHN PETRILA, J.D., LL.M.,
AND JACQUELINE K. BUFFINGTON-VOLLUM, M.A.
Psychopathy has gained increasing importance in the field of
risk assessment in the last decade, in large part because of the
established association between this construct and future violence
and criminality. Situations in which the prediction of future
dangerousness is at issue appear to be logical areas in which the
assessment of psychopathic traits would be relevant to decision-
making. One recent application of psychopathy has been its
inclusion in death penalty cases, wherein Psychopathy Checklist-
Revised (PCL-R) scores have been introduced to support the
position that a defendant will represent a continuing threat to
society-even if serving a life sentence in prison. Despite such
claims, a review of the relevant research indicates that the
empirical basis for these conclusions is minimal at present. This
article summarizes what is known about the relationship between
psychopathy and violence, and reviews the legal and professional
implications of this research in relation to the use of the PCL-R in
the penalty phase of capital cases.
AUTHORS' NOTE: Correspondence should be addressed to John Edens,
Department of Psychology, Sam Houston State University, Huntsville, TX
77341-2447. Electronic mail may be sent to edens@shsu.edu.

© 2002 by Federal Legal Publications, Inc.

433

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