Prisoners sentenced to death must be competent for execution before they can actually be executed (Ford v. Wainwright, 1986). The decision for many mental health professionals whether to conduct competence for execution evaluations may be fraught with complex ethical issues. Mental health professionals who do not personally support capital punishment may have a particularly difficult decision to make in this regard but should seriously consider the consequences of their decisions. This article applies Bush, Connell, and Denney’s (2006) eight-step ethical decision-making model to the ethicality of deciding to or abstaining from conducting competence for execution evaluations. This article does not propose what decisions an individual evaluator should make regarding this work, but rather presents a systematic guide for mental health professionals (particularly those who do not support capital punishment) to consider.
Despite the application of Self-Efficacy Theory (Bandura, 1977, 2000) to many areas of psychology, there is a lack of research on self-efficacy in the ability to testify in court. The present study fills this gap by incrementally developing the construct of Witness Self-Efficacy and establishing its psychometric properties. Study I featured exploratory and confirmatory factor analyses yielding a two-factor Witness Self-Efficacy Scale (WSES). The two components are Poise and Communication Style. Study II used a second data collection to show that both WSES domains possess convergent, divergent, and predictive validity relations consistent with those expected using an SET framework. Notably, WSES components predicted perceptions of witness credibility and sentencing outcomes above and beyond witness extraversion, general self-efficacy and general self-confidence. Implications for SET and witness preparation training are discussed.
This study examined the scope and components of mitigation assessments in a first effort to develop some guidelines for conducting mitigation evaluations. Using the Mitigation Evaluations Survey (MES) we developed for this research, we surveyed 266 psychologists about the characteristics and content of mitigation evaluations. A high percentage of participants endorsed each of the 14 content areas presented in the MES as essential or recommended for inclusion in mitigation evaluations. However, when the participants were given a hypothetical open-ended referral question regarding a mitigation evaluation, fewer participants included all 14 content areas in their responses. This discrepancy as well as information regarding the qualifications and expertise of the participants is discussed.
Prosecutors are handling increasing numbers of criminal cases concerning veterans from the wars in Iraq and Afghanistan who suffer from posttraumatic stress disorder (PTSD). How these prosecutors handle such cases may reflect their attitudes toward veterans or offenders with PTSD. In turn, their attitudes may affect perceptions of blameworthiness, as well as negotiations about sentencing during the pre-trial stage. The present study investigated the effect of a defendant’s military experience and mental health status (i.e., PTSD) on prosecutors’ offers at the pre-trial stage and their ratings of the defendant’s blameworthiness. Prosecutors’ offers were more lenient to stress-disordered veterans; specifically, they were offered more diversion programs compared to veterans without PTSD and to other offenders with PTSD. Prosecutors also perceived veterans and those with PTSD as less criminally culpable; they also empathized and identified more with veterans and those with PTSD than non-veterans and offenders without PTSD.