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.
Mitigation Aide is full of useful content for criminal defense, attorneys, public defenders, forensic mental health professionals, sentence mitigation experts, and researchers!
Don't miss out, upgrade your membership today! There's a FREE 30-day trial waiting for you!
Reference
SOURCE RESEARCH
Unraveling Volitional Impairment: Forensic Psychological Perspectives on Volitional Impairment in Sexually Violent Person Commitments
Scurich, N., Martinez, M.A., Krauss, D.A. (2025) Unraveling Volitional Impairment: Forensic Psychological Perspectives on Volitional Impairment in Sexually Violent Person Commitments. Criminal Justice and Behavior.
DOI: 10.1177/00938548251389454
Published: 2025
Research type: Survey Study
Jurisdiction: United States
Need additional support with a sentencing mitigation report or another complex forensic case? Dr. Jennifer Weeks, an expert witness and forensic counselor, provides consultation and forensic services for attorneys and other professionals working with sexual-behavior cases. Explore Dr. Weeks’ forensic services →
Continue exploring Mitigation Aide for the information on mental health necessary to ensure your clients are treated fairly in the criminal justice system.
