Contents	5
	Contributors	7
	Introduction	8
	Notes	17
	Mental Disorder and the Criminal Process	18
	Depression and the Criminal Law: Integrating Doctrinal, Empirical, and Justificatory Analysis	19
	1.1 Introduction	19
	1.2 Depression	21
	1.3 Criminal Responsibility as Accountability	23
	1.4 Criminal Sentencing, Blameworthiness, and Mitigation	26
	1.5 Competence to Proceed	33
	1.6 CFE: Legal Standards, Justifications, and Mental Disorder	39
	1.7 Mental Disorder and the Criminal Process	42
	1.8 Psychological Expertise	45
	1.9 Conclusion	47
	Notes	48
	Determining When Severe Mental Illness Should Disqualify a Defendant from Capital Punishment	51
	2.1 Introduction	51
	2.2 Considering the Alternative Judge and Jury Modes of Determining the Mental Illness Death Penalty Exclusion Issue	53
	2.3 Remaining Procedural Issues: Jury Trial, Burden of Persuasion, and Standard of Proof	73
	2.4 Conclusion	78
	References	81
	Accommodating Child Witnesses in the Criminal Justice System: Implications for Death Penalty Cases	85
	3.1 Consequences of Legal Involvement on Children	86
	3.2 Evidentiary and Procedural Alterations to Accommodate Children	94
	3.3 Conclusion	103
	References	104
	Protecting Well-Being While Pursuing Justice	109
	4.1 Serious Mental Illness and Capital Punishment	109
	4.2 Protecting Child Victim Witnesses	115
	References	120
	Judgments of Dangerousness and the Criminal Process	122
	Capital Punishment and Dangerousness	123
	5.1 A Jurisprudence of Dangerousness	124
	5.1.1 The Unreliability Objection	124
	5.1.2 The Legality Objection	125
	5.1.3 The Punishment-in-Disguise Objection	126
	5.1.4 The Dehumanization Objection	127
	5.1.5 Summary	128
	5.2 Dangerousness as an Aggravating Circumstance in Capital Cases	129
	5.3 The Two-Edged Sword Problem	130
	5.4 Mental Disability as a Bar to Execution	131
	5.5 Conclusion	133
	Notes	133
	Limited Expertise and Experts: Problems with the Continued Use of Future Dangerousness in Capital Sentencing	138
	6.1 The Use of Future Dangerousness in Capital Sentencing	141
	6.2 Advance in Risk Assessment Research	142
	6.2.1 Actuarial Risk Assessment	143
	6.2.2 Guided Professional Judgment Instruments	145
	6.2.3 Potential Problems for These Instruments’ Use in Capital Sentencing	146
	6.3 Research on Jury Decision-Making in Capital Sentencing	148
	6.3.1 Trial Simulation Research – Actuarial Versus Clinical Expert Testimony	151
	6.3.2 Expert Testimony Based on Guided Professional Judgment	152
	6.4 Solutions to the Continued Use of Future Dangerousness	153
	References	157
	Psychopathy, Culpability, and Commitment	161
	Part 1: Analysis	162
	7.1 The Nature of Psychopathy	162
	7.1.1 Assessment and Diagnosis	162
	7.1.2 Course	163
	7.1.3 Prevalence	163
	7.1.4 Etiology	164
	7.2 The Legal Relevance of Psychopathy	165
	Part 2: Synthesis	170
	7.3 Role of Psychopathy in Culpability and Commitment Decisions	170
	7.4 Recommendations for Practice	173
	7.4.1 Recommendation #1: Use Standardized Psychological Tests Measures to Assess Lifetime Presence of Psychopathic Symptomatology	173
	7.4.2 Recommendation #2: Use Unstructured Clinical Judgment to Assess Current Psychopathic Symptomatology	174
	7.4.3 Recommendation #3: Use Unstructured Clinical Judgment to Assess Current Functional Impairment	174
	7.4.4 Recommendation #4: Use Structured Professional Judgment to Formulate a Causal Explanation of Risk for Future Sexual Violence	175
	7.5 Conclusion	176
	References	176
	Quagmire Ahead!: The Sticky Role of Behavioral Science in Capital Sentencing	181
	8.1 Jurisprudence of Dangerousness	181
	8.2 Limited Expertise and Experts	182
	8.3 What Is the Nature of “Future Dangerousness” Being Predicted?	183
	8.4 What Is Clinical Decision Making?	184
	8.5 Dual-Edged Sword of Mental Illness as a Mitigating Factor – Briar Patch of Mitigation	186
	8.6 The Need for Caution	188
	References	188
	Competence to Face Execution and the Roles of the Psychological Professions	190
	Meaningful Consideration of Competence to be Executed	191
	9.1 Introduction and Overview	191
	9.2 Assessment of Mental Disorder and Its Potential Impact on an Inmate’s Competence- Related Abilities7	198
	9.3 Impaired Thought Content and Its Potential Impact on Competence- Related Abilities	198
	9.4 Impaired Thought Form and Its Potential Impact on Competence- Related Abilities	201
	9.5 Cognitive Impairment and Its Potential Impact on Competence- Related Abilities	201
	9.6 Mood Impairment and Its Potential Impact on Competence- Related Abilities	202
	9.7 Consideration and Assessment of Response Style	202
	9.8 Summary	203
	References	204
	Psychological Expertise and Amicus Briefs in the Context of Competence to Face Execution	205
	10.1 Introduction	205
	10.2 The Associations Brief in Panetti	206
	10.3 Expert Testimony Regarding Dangerousness for Capital Sentencing	207
	10.4 Amicus Briefs by Professional Organizations	210
	10.5 Alternate Forms of Advocacy Briefs	215
	10.6 Selecting a Form	223
	10.7 Conclusion	228
	Notes	229
	Constitutional Health Care and Incompetency to Face Execution	231
	11.1 The Eighth Amendment and Health Care	232
	11.2 Correctional Health Care and Forensic Assessments of Competency	233
	11.2.1 The Correctional Health Care Plan	234
	11.2.2 The Correctional Health Care Plan and Forensic Assessment of CFE	235
	11.3 Forensic Restorative Treatment, Correctional Mental Health Care, and Constitutionally Adequate Health Care	237
	11.3.1 Correctional Health Care and Forced Restorative Treatment	237
	11.3.2 Correctional Mental Health Care and Simultaneous Forced Treatment to Restore Competency	239
	11.4 Resolution?	240
	References	241
	Index	244