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Capital case considerations
Book chapter

Capital case considerations

David DeMatteo, Michael Keesler, Megan Murphy and Heidi Strohmaier
APA handbook of forensic psychology, Vol. 1: Individual and situational influences in criminal and civil contexts
2015
DOI: https://doi.org/10.1037/14461-007

Abstract

Criminal Law & Adjudication
This chapter discusses the legal and clinical considerations that are most relevant for forensic mental health professionals who are involved in capital cases. We begin by reviewing death penalty jurisprudence, with a particular focus on relevant cases decided by the U.S. Supreme Court. Following this review of Supreme Court case law, we briefly address the various roles that may be assumed by forensic mental health professionals in capital cases. Next, we consider the role of punishment in the U.S. criminal justice system, followed by an examination of the risk and protective factors that are most relevant to criminal offending. Then, we summarize the empirical literature on the effectiveness of the death penalty, societal views about the death penalty, and assessments of future dangerousness in capital contexts. We then discuss several types of forensic mental health assessments that can be conducted in capital cases, including Atkins -type evaluations ( Atkins v. Virginia , 2002), competence for execution (CFE) evaluations, and capital sentencing evaluations. We conclude the chapter by summarizing key points and highlighting several areas for future research. (PsycINFO Database Record (c) 2014 APA, all rights reserved)

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