Volitional Impairment in Sexually Violent Predator Cases
| Table of Contents |
|---|
| Overview |
| Summary |
| Implications for Mitigation |
| Reference |
Overview
This article reviews three competing legal/clinical theories for “volitional impairment” in SVP cases and summarizes a survey of experienced forensic evaluators. Findings show major inconsistency and low interrater reliability in how volitional control is defined and assessed, supporting calls for more structured, evidence-based methods and clearer documentation in reports.
Summary
The factor of volitional control is present in all SVP assessments. Despite being addressed in Kansas v Hendricks (1997) and Kansas v Crane (2002), there continues to be no consistent means of defining or assessing volitional control.
The authors of this study bring three main theories of volitional control to the fore.
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