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Of Capital Importance: Considerations in Capital Sentencing Contexts
Book chapter

Of Capital Importance: Considerations in Capital Sentencing Contexts

Jaymes Fairfax-Columbo, Alexandra Kudatzky, Bronwyn Neeser and David DeMatteo
The Oxford Handbook of Psychology and Law
27 Feb 2023

Abstract

capital sentencing Criminal and Forensic Psychology death penalty future dangerousness homicide intellectual disability mitigation murder risk assessment sentencing
Capital sentencing is the legal process by which homicide offenders are determined to be deserving either of a sentence of life imprisonment or a sentence of death. Due to the severe and irrevocable liberty deprivation that a death sentence represents, the US Supreme Court has gone to great lengths to ensure that death sentences are not levied in arbitrary and capricious fashion. In addition, they have restricted the classes of individuals the death penalty can apply to. This chapter reviews key Supreme Court case law pertaining to capital sentencing as well as highlights several vital factors for forensic mental health professionals to consider in conducting evaluations in accordance with the trial phase of capital sentencing proceedings. Said factors include assessment of mitigating factors for sentencing, assessment of intellectual disability in Atkins evaluations, and assessment of future dangerousness.

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