Arguing Future Dangerousness
New Techniques for Assessing the Risk of Violence
By Brett C. Trowbridge and Charles H. Williams
This article supported by The Trowbridge Foundation
Originally published in Washington Criminal Defense,
February 2000, Vol 14, No. 1
“[W]e are calling on clinicians to do risk appraisal in a new way--a
way that is different from that in which most of us were trained. What
we are advising is not the addition of actuarial methods to existing practice,
but rather the complete replacement of existing practice with actuarial methods...Actuarial
methods are too good and clinical judgment too poor to risk contaminating the
former with the latter.”
Vernon L. Quinsey, Grant T. Harris, Marnie E. Rice, and Catherine A. Cormier
(1998).1 “As a professional enterprise, forensic psychological
services to our criminal courts have gone through two phases. The first
was a phase in which we sought to try out psychology in the courts, perhaps
before we were actually ready to do so. The second phase, which began in
the late 1980s, was marked by...a number of ambitious research initiatives to
build a scientific base for better practice.
“Now we are beginning a third phase--the introduction of the new information
and technology that this research has produced. We cannot enter this phase
with a ‘build it and they will come’ mentality. Although the
products of our recent efforts are likely to be used, all information and technology
is susceptible to corruption when first put to use. We must try to introduce
our new methods to courts, attorneys and clinicians in ways that minimize that
threat and maximize their promise. That is an effort that is most likely
to be successful if lawyers and psychologists accomplish it together.” Thomas
Grisso (1999) 2
Science has a way of sometimes presenting us with a double-edged sword, whose
explanations and discoveries cut both ways through legal controversies. Take,
for example, the issue of future dangerousness that criminal law practitioners
argue about incessantly in bail hearings, plea-bargaining, and sentencing--as
well as in other proceedings. As long as the discourse was limited to vague
generalizations about the predictive value of an individual’s criminal
history, it remained possible to argue the issue either way--and without the
testimony of experts.
Indeed, at one time early in the authors’ careers, it was an unshakeable
article of faith that mental health professionals were no better at predicting
future dangerousness than anyone else.
Yet, even when directly confronted with research showing the relatively low
accuracy of their predictions--for example, in the 20-35% range for forensic
specialists3--courts repeatedly sought the opinions of such
professionals. In upholding the constitutionality of using psychiatric
predictions of violence for the purpose of determining whom to execute, the
U. S. Supreme Court in Barefoot v. Estelle (1983)4 said:
[I]f it is not impossible for even a lay person sensibly to arrive at that
conclusion, it makes little sense, if any, to object that psychiatrists, out
of the entire universe of persons whom might have an opinion on the issue, would
know so little about the subject that they should not be permitted to testify.5
Once the constitutional issues were settled, the question shifted from whether
violence could “sensibly” be predicted to how such predictions could
be improved. This became the Holy Grail of one discipline in particular--
forensic psychology.
In this article, we would like to describe significant recent advances in this
field relating to the issue of future dangerousness--particularly as applied
to identifying psychopaths and predicting recidivism in spousal assault, crimes
of violence generally, and sex offenses. Although we are still a few years
from seeing the general use of forensic prediction techniques in court, we believe
that these instruments will change the nature of the discourse, because they
will drastically reduce everyone’s uncertainty about future dangerousness.
Clinical Assessment
Historically, in North America, offenders suffering from severe mental illness
were often committed to maximum-security mental institutions instead of being
sent to prison. But usually only those offenders considered to be the least
dangerous were subject to eventual release. Because those released did
not constitute a random sample reflective of the population at large, it was
not possible to obtain an unbiased estimate of the rate at which mentally ill
offenders might commit future violence.
But researchers had an opportunity to conduct a natural experiment when the
U. S. Supreme Court in Baxstrom v. Herold (1966),6 set in
motion the release of some 967 offenders in a maximum security hospital in New
York State who had been detained longer than their maximum sentence.
These offenders--none of whom had been acquitted by reason of insanity--were
released to local hospitals and, for the most part, eventually to the streets. The
resulting follow-up studies demonstrated a very low base-rate of post-release
violent behavior. After 4.5 years, only two men had been reincarcerated
for committing a violent crime.7 Yet all of the released
men had been retained past their release dates because hospital staff thought
they were still dangerous.
As of 1970 there were no psychological tests or instruments that had been shown
to be useful in the prediction of violence.8 When estimating
future dangerousness, forensic specialists traditionally used a clinical interview,
supplemented, perhaps, by psychological testing such as the MMPI or the Rorschach,
to identify factors that might increase or decrease the likelihood of future
violent behavior. No other standardized procedures or established criteria
existed for exercising clinical judgment in this situation.
One thing was certain, however: forensic specialists tended to over-predict
future incidents of violence.
This occurred in part because people overestimate the rate at which violence
occurs in the population at large. In one study conducted in 1980, members
of a maximum-security hospital staff were asked, “If 100 men were randomly
chosen from this maximum security hospital and released, how many would commit
an offense causing bodily harm to another person within one year?” All
made estimates that were much too high. Medically trained staff actually
made higher estimates than non-medically trained staff.9
Excessive professional confidence masked the fallibility of clinical judgments. In
another study conducted during the same era to determine the expertise of forensic
psychiatrists, psychiatrists and high-school teachers were given file information
about offenders who had been released some three years earlier. They were
asked to rate the likelihood of a property offense, the likelihood of an assaultive
offense, and the seriousness of an assault should one occur.
It turned out that psychiatrists disagreed among themselves more than the teachers
did. The psychiatrists were, in fact, unable to demonstrate prediction
expertise superior to lay persons. In addition, the professionals gave
no more weight to testing than the laity did. The study concluded by questioning
the usefulness of psychiatric examinations in predicting dangerousness.10
Confidence in the accuracy of clinical judgment was severely shaken as a result
of these and other studies. Today, forensic specialists familiar with the
research will readily acknowledge that clinical judgments, without more, must
be regarded with considerable caution.11
Structured and Actuarial Assessment
Crime statistics show that violent behavior is actually a low-frequency event
in the general population. So accurate prediction is a difficult, if not
impossible, feat. For example, if on average only one of 100 persons were
actually later violent, the prediction that none of them will be violent in
the future would still be 99% accurate. There would only be one “false
negative”--that is, only one person falsely identified as non-violent
who later became violent.
As it happens, in the real world, far fewer than one in 100 men randomly chosen
from the street will actually commit violent crimes in the future.
Currently, there is no prediction method powerful or sensitive enough to predict
violence accurately among individuals in the general population. In fact,
one can predict violence in the population better than chance by simply predicting
that no one will be violent.
The situation is different, however, among populations with higher rates of
future violence, such as those already incarcerated in correctional institutions
or maximum-security hospitals. Here accurate predictions can be developed
if the base-rate for violence is known and factored into the prediction.
Even so, studies in which offenders are followed for five to ten years after
release usually show base-rates of violent recidivism considerably lower than
most people would venture -- generally, under 20%.12
By the late 1990s, two types of assessment devices had been developed by forensic
psychologists to overcome the fallibility of clinical judgment. The first
type takes the form of a structured checklist to guide the clinical assessment. These
checklists are designed to ensure consideration of all relevant factors needed
to decide an individual’s risk of future violence. The factors either
have been demonstrated to correlate with recidivism in empirical studies or
are so intuitively significant that they cannot be ignored.
The best known of these structured assessment devices--the HCR-20 for assessing
general violence recidivism,13 the SARA for assessing risk
of spousal abuse,14 and the SVR-20 for assessing sexual
violence15 -- are the products of research at the Mental
Health, Law and Policy Institute of Simon Fraser University in British Columbia.
The SARA (Spousal Assault Risk Assessment) allows evaluators to weigh 20 factors
as they see fit to arrive at a summary rating of imminent risk of violence toward
a domestic partner and others.16 Figure
A lists the factors considered.
The structured assessment devices are criticized, however, because they employ
factors that are, to some extent, subjective and fail to present probabilistic
estimates of recidivism. The second type of risk assessment device is designed
to overcome these problems. These devices--such as the VRAG discussed below--were
developed and validated by the use of statistical or actuarial techniques.
Their scientific acceptance rests upon their ability to yield accurate estimates
of recidivism, which is ensured in at least two ways. First, these devices
are designed to be reliable in the sense that they are consistently easy to
score. Repeated measurements of the same subject result in the same scores
even when applied by different evaluators.
Second, these devices have been validated--that is, they have been shown to
measure what they are supposed to measure. Actual recidivism, for example,
more or less matches predicted recidivism.
In our opinion, any expert witness asserting that an individual is likely to
be dangerous in the future should be challenged to demonstrate whether he or
she is offering a structured or actuarial assessment or merely a clinical judgment. Obviously,
if the witness cannot specify the particular assessment instrument used or cite
the research demonstrating how the factors identified correlate with future
violence, he or she is employing clinical judgment.
Psychopathy
Perhaps the earliest and most versatile of the validated risk assessment devices
is the Psychopathy Checklist -- Revised (PCL-R) developed by Robert Hare of
the University of British Columbia.17 This actuarial
method of identifying psychopaths adds significantly to the best possible predictions
based solely on criminal history.
Indeed, most knowledgeable forensic psychologists would concede the PCL-R’s
general acceptance in their discipline.
Hare's theory--which has been corroborated by research--is that psychopaths
commit a disproportionately large number of crimes. Although they make
up less than 25% of the criminal population, psychopaths commit half of the
serious crime and violence in North America. Studies show that they have
a recidivism rate twice that of other offenders and a violent recidivism rate
of about three times more.18
The PCL-R is the foundation of several current techniques used in assessing
risk, including the VRAG and the SORAG discussed below. The factors scored
are set forth in Figure B.
To use the PCL-R evaluators must rate subjects on each of the 20 variables
on the basis of an interview and a review of their personal histories. To
achieve a high degree of inter-rater reliability (agreement), evaluators need
training in scoring the PCL-R. They also need to gather information from
sources independent of subjects to avoid possible manipulation and deception
by subjects. Scoring this checklist is neither time-consuming nor difficult
as long as independent information is available.
The PCL-R has been validated on both male prison inmates and male forensic
psychiatric patients.19 It can be used with adult
males who have no criminal history. Psychopathy emerges early in life,20
but the use of the PCL-R on juvenile delinquents has been limited to research
purposes.21 Even so, evaluators who make predictive
judgments without using this device should be questioned why they did not.
Violent Recidivism
The Violence Risk Appraisal Guide (VRAG) is actuarial device for assessing
the risk of violent recidivism. It was developed in the early1990s from
research conducted at a maximum security hospital in Ontario, Canada. It
is currently the best scientific instrument available for predicting violence
among populations of individuals who have already committed at least one violent
offense (an “index offense”).
The VRAG has an accuracy in predicting violent recidivism in the neighborhood
of 75%.22
The VRAG incorporates the PCL-R but adds a list of other factors shown to increase
the accuracy of prediction.23 The factors are listed in
Figure C.
Weights are assigned to all of the variables, which are positively related
to the probability of future violence with the exception, interestingly, of
four variables--age at time of index offense, diagnosis of schizophrenia, victim
injury in index offense, and female victim in index offense--all negatively
related. Thus subjects who are older, who are diagnosed schizophrenic,
who injure a victim in the index offense, or who choose a female victim for
the index offense, are significantly less likely to be violent recidivists than
other subjects.24
The PCL-R score is the most heavily weighed (up to +12). The elementary
school maladjustment score is the next most heavily weighed, with the highest
score (+5) following from frequent disruptive behavior and/or attendance or
behavior resulting in expulsion or serious suspensions. The factors of
personality disorder, separation from parent, non-violent criminal history,
and failure on conditional release are each given equal weight (up to +3).25
Two other devices currently under development for estimating violent recidivism
are considered especially promising, because their predictive power is potentially
greater than the VRAG. These devices--the MacArthur Violence Risk Assessment
device26 and the Classification and Regression Trees algorithm
(CART)27--are not presently recommended, however, for clinical
or risk assessment uses.
Again, because the data required for use of these validated instruments are
relatively easy to gather and score, any mental health professional not using
one of them when making predictions of violence can legitimately be asked why
not. Indeed, at this point in history, the VRAG “is so far superior
to anything previously available that not to consider its use . . . would be
a difficult choice to justify.”28
Although the VRAG’s admissibility under the Frye standard29
has yet to be tested in Washington, the authors would be surprised if the issue
has not been examined elsewhere. The VRAG can certainly be said to be generally
accepted in the community of forensic psychology. Because it is a validated
testing device, we believe that informed forensic specialists will agree with
this point.
Sex Offender Recidivism
One of the basic premises of the Sexually Violent Predator Act codified in
chapter 71.09 RCW is that forensic specialists can predict sexually violent
recidivism. But while the constitutional issues may have been settled in
decisions such as In re Young (Wash.1993)30 and Kansas
v. Hendricks (1997),31 many technical risk-assessment issues
have not.32
In response to the criticism that the VRAG is not applicable to sex offender
populations, this device has been modified and developed into the Sex Offender
Risk Appraisal Guide (SORAG). The SORAG, however, is only “marginally”
better than the VRAG in predicting recidivism among sexual offenders.33
The SORAG differs from the VRAG principally in the addition of scoring for violent
and sex offenses, sex offenses against males, and phallometrically determined
sexual deviance. It turns out that the risk of sexual reoffending is lowest
among father-daughter incest offenders. But among child molesters, offenders
with boy victims have roughly twice the rate of sexual recidivism as offenders
with girl victims. Rapists of adult women have intermediate rates of sexual
recidivism but are more criminally versatile in that they are more likely to commit
non-sexual offenses.
34
Phallometric assessments not only discriminate child molesters from non-molesters
and rapists from non-rapists but also predict sexual recidivism alone and interactively
with the PCL-R.35
In 1996, Canadian researchers Karl Hanson and Monique Bussiere published a
meta-analysis of factors shown to be predictive of sex offender recidivism.36
Among their findings was the fact that only 13.4 percent of 23,393 sex offenders
reoffended in a four to five year period. Their study does not, however,
present an organized scheme for considering and weighing the factors to make
an actuarial prediction.
Figure D lists the factors of the
Hanson-Bussiere study in the order in which they correlate with recidivism. Note
that items 13, 16 and 19 are negative correlations.
Hanson recently developed the Rapid Risk Assessment for Sexual Offense Recidivism
(RRASOR), a prediction instrument based on only four items easily scored from
administrative records: prior sexual offenses, age less than 25, extra-familial
victims in the index offense, and male victims in the index offense.37 This
screening device uses weighted factors but shows only modest predictive accuracy.
Final Comments
Of course, further studies -- to refine these devices and broaden their validation
bases--are underway as we speak. New tools are being developed to predict
recidivism among juveniles.38 Not only is further
research being conducted in universities and mental hospitals, but also correctional
agencies are getting into the act--see, e.g., the Minnesota Sex Offender Screening
Tool (MnSOST) developed by the Minnesota Department of Corrections. The
pressure to assess the risk posed by offenders is clearly being felt among forensic
specialists--particularly, in sexual-predator commitment cases.
The good news is that these new techniques of risk assessment will help most
criminal defendants argue releases, pleas, and sentences. Most defendants
will benefit as judges and prosecutors become more familiar and informed about
this technology. Why? Because most defendants are not psychopaths
and simply don’t present the same level of risk.
On the other hand, we can expect not only the courts but also the legislature
and various law enforcement and correctional agencies to target psychopathic
offenders. The bad news is that the pressure to identify such individuals
will inevitably result in “false positives”--persons falsely identified
as psychopathic or falsely classified as likely to reoffend.
It should not escape notice that these actuarial prediction techniques are
yet another example where the technology precedes its explanation. We know
the VRAG works but we don’t know exactly why--not unlike aspirin (until
quite recently). There is no theory that convincingly explains the causes
of criminal behavior.39 Until we have such an explanatory
theory, we should not become complaisant about the prediction of recidivism.
We close with an observation by the inventors of the VRAG:
...[A]ctuarial measures of risk are best suited for ensuring that more intense
treatments and more rigorous supervisory techniques are used with the offenders
who need them most, those at high risk. The difficulty at present is
that the characteristics of offenders that makes them high risk are also those
that are related to poor response to intervention. Moreover, no treatments
that reduce the recidivism of psychopathic offenders have yet been identified. If
ever there was a problem that cried out for a solution, it is this one.40
Olympia lawyer Charlie Williams is the president-elect of WACDL. Olympia
psychologist Brett Trowbridge, Ph.D., J.D., is the Executive Director of the
Trowbridge Foundation, devoted to the advancement of forensic psychology; his
work on this article was supported by the Trowbridge Foundation.
Notes
1. V. L. Quinsey et al., Violent Offenders: Appraising
and Managing Risk 171 (1998)
2. Thomas Grisso, “Improving Psychologists’
Assistance to Criminal Courts,” Address before the Psychological Expertise
and Criminal Justice Joint Conference of the American Psychological Association
and the American Bar Association, October 15, 1999, Washington, D.C.
3. See, e.g., John Monahan’s findings that for
institutionalized mentally ill offenders who had a high base-rate for violence,
“psychiatrists and psychologists are accurate in no more than one of three
predictions of violent behavior over a several year period.” J. Monahan,
The Clinical Prediction of Violent Behavior 47 (1981).
4. Barefoot v. Estelle, 463 U.S. 880, 77 L.Ed.2d 1090,
103 S.Ct. 3383 (1983).
5. Barefoot v. Estelle, 463 U.S. at 897; see, e.g.,
Schall v. Martin, 467 U.S. 253, 81 L.Ed.2d 207, 104 S.Ct. 2403 (1984) (upholding
the constitutionality of a New York statute authorizing pretrial detention of
juveniles based on finding of ‘serious risk’ that juvenile might
commit crime).
6. Backstrom v. Herold, 383 U.S. 107, 15 L.Ed.2d 620,
86 S.Ct. 760 (1966).
7. See H. J. Steadman & J. J. Cocozza, Careers
of the Criminally Insane: Excessive Social Control of Deviance (1974).
8. E. I. Megargee, “The Prediction of Violence
with Psychological Tests,” 2 Current Topics in Clinical and Community
Psychology 98 (C. D. Spielberger ed. 1970).
9. V. L. Quinsey, “The Long Term Management of
the Mentally Disordered Offender,” Mental Disorder and Criminal Responsibility
137 (S. J. Hucker et al. eds. 1981).
10. V. L. Quinsey & R. Ambtman, “Variables
Affecting Psychiatrists’ and Teachers’ Assessments of the Dangerousness
of Mentally Ill Offenders,” 47 J. Consulting & Clinical Psychol. 353
(1979).
11. See, e.g., W. M. Grove & P. E. Meehl, “Comparative
Efficiency of Informal (Subjective, Impressionistic) and Formal (Mechanical,
Algorithmic) Prediction Procedures: The Clinical-Statistical Controversy,”
2 Psychol., Pub. Pol’y, & L. 293 (1996); Thomas Grisso &
P. S. Appelbaum, “Structuring the Debate about Ethical Predictions of
Future Violence,” 17 Law & Human Behavior 482 (1993).
12. V. L. Quinsey et al., Violent Offenders: Appraising
and Managing Risk 40 (1998)
13. C. D. Webster et al., HCR-20: Assessing Risk for
Violence, Ver. 2 (1997).
14. P. Kropp et al., Manual for the Spousal Assault
Risk Assessment Guide (3d ed. 1999).
15. D. P. Boer et al., “Assessing Risk for Sexual
Violence: Guidelines for Clinical Practice,” Impulsivity: Theory, Assessment
and Treatment 326 (C. D. Webster et al. eds. 1997).
16. See also Donald G. Dutton, The Abusive Personality:
Violence and Control in Intimate Relationships (1998).
17. Robert D. Hare, Manual for the Hare Psychopathy
Checklist -- Revised (1991).
18. Robert D. Hare, Without Conscience: The Disturbing
World of the Psychopaths Among Us 96 (1999).
19. G. T. Harris et al., “Violent Recidivism
of Mentally Disordered Offenders: The Development of a Statistical Prediction
Instrument,” 20(4) Crim. Just. & Behavior 315 (1993).
20. G. T. Harris et al., “Psychopathy and Violent
Recidivism,” 15 Law & Human Behavior 625 (1991).
21. See A. E. Forth et al., “Assessment of Psychopathy
in Male Young Offenders,” 2 Psychol. Assessment: J. Consulting & Clinical
Psychol. 342 (1990); and R. Loeber, “Development and Risk Factors of Juvenile
Antisocial Behavior and Delinquency,” 10 Clinical Psychol. R. 1 (1990).
22. Randy Borum, “Advances in Assessment of
Dangerousness and Risk,” 2 Psychological Expertise and Criminal Justice
465 (1999).
23. C. D. Webster et al., The Violence Prediction
Scheme: Assessing Dangerousness in High Risk Men (1994).
24. Why these somewhat counter-intuitive negative
correlations to victim injury and female victims? We don’t know,
and the authors don’t really explain.
25. The highest score for non-violent criminal history
goes to robbery, arson, threatening with a weapon, grand larceny, malicious
mischief, and fraud. Failure on prior conditional release includes parole
and probation violation and revocation, failure to comply, bail violation, and
any new arrests while on conditional release.
26. Henry Steadman et al., “A Classification
Tree Approach to the Development of Risk Assessment Tools,” Law &
Human Behavior (in Press). The MacArthur device is said to yield a predictive
accuracy of 82% -- R. Borum, “Advances in Assessment of Dangerousness
and Risk,” 2 Psychological Expertise and Criminal Justice 473 (1999).
27. W. Gardner et al., “A Comparison of Actuarial
Methods for Identifying Repetitively Violent Patients with Mental Illness,”
20 Law & Human Behavior 35 (1996).
28. J. Monahan, “Review, The Violence Prediction
Scheme,” 22 Crim. Just. & Behavior 446, 447 (1995).
29. Under Washington law, it is not enough that an
expert vouch for the validity of a given explanatory theory or technique. There
is an additional requirement derived from a federal case, Frye v. United States,
293 F. 1013 (D.C. Cir. 1923), that the theory or technique be generally accepted
in the relevant scientific community. State v. Swan, 114 Wn.2d 613, 790
P.2d 610 (1990). The issue will probably be that of identifying the relevant
scientific community -- forensic psychologists and/or other groups. There
are also other admissibility issues under the Rules of Evidence (for example,
probative value under ER 401, prejudicial impact under ER 403, specialized knowledge
under ER 702, and reasonable reliance under ER 703). But the additional
reliability requirements for admission under Daubert v. Merrell Dow Pharmaceuticals,
509 U.S. 579 (1993) -- namely, testability, error rate and peer review -- have
not yet been applied to state criminal proceedings.
30. In re Young, 122 Wn.2d 1, 857 P.2d 989 (1993).
31. Kansas v. Hendricks, 521 U.S. 346, 138 L.Ed.2d
501, 117 S.Ct. 2072 (1997).
32. See, e.g., the special theme issue on “Sex
Offenders: Scientific, Legal and Policy Perspectives” found in 4 Psychol.,
Pub. Pol’y, & L. (1998). This issue is an invaluable resource
for practitioners who defend “sexual predator” cases.
33. V. L. Quinsey et al., Violent Offenders: Appraising
and Managing Risk 156 (1998).
34. R. K. Hanson & M. Bussiere, “Predicting
Relapse: A Meta-analysis of Sexual Offender Recidivism Studies,” 66 J.
Consulting & Clinical Psychol. 348.
35. M. L. Lalumiere & V. L. Quinsey, “The
Discriminability of Rapists from Non-Sex Offenders Using Phallometric Measures:
A Meta-analysis,” 21 Crim. Just. & Behavior 150 (1994); V. L. Quinsey
& M. Lalumiere, Assessment of Sexual Offenders against Children (1996);
M. E. Rice & G. T. Harris, “Cross-validation and Extension of the
VRAG for Child Molesters and Rapists,” 21 Law & Human Behavior 231
(1997).
36. Reprinted in R. K. Hanson & M. T. Bussiere,
“Predicting Relapse: A Meta-analysis of Sexual Offender Recidivism,”
66 J. Consulting & Clinical Psychol. 348 (1998).
37. R. K. Hanson, The Development of a Brief Actuarial
Scale for Sexual Offense Recidivism (1997).
38. L. Augimeri et al., Early Assessment Risk List
for Boys: EARL-20B, Version 1 -- Consultation Edition (1998); see R. Borum,
“Assessing Violence Risk among Youth,” J. Clinical Psychol. (in
Press).
39. Some authors have, however, done a convincing
job of describing the dynamics of such behavior -- see, e.g., Aaron T. Beck,
Prisoners of Hate: The Cognitive Basis of Anger, Hostility, and Violence (1999).
40. V. L. Quinsey et al., Violent Offenders: Appraising
and Managing Risk 222-23 (1998) (emphasis supplied).
Figure A: SARA Factors
Criminal history
- Past assault of family members
- Past assault of strangers or acquaintances
- Past violation of conditional release or community supervision
Psychosocial adjustment
- Recent relationship problems
- Recent employment problems
- Victim of and/or witness to family violence as child or adolescent
- Recent substances abuse/dependence
- Recent suicidal or homicidal ideation/intent
- Recent psychotic and/or manic symptoms
- Personality disorder with anger, impulsivity or behavioral instability
Spousal assault history
- Past physical assault
- Past sexual assault/sexual jealousy
- Past use of weapons and/or credible threats of death
- Recent escalation in frequency or severity of assault
- Past violation of no-contact orders
- Extreme minimization or denial of spousal assault history
- Attitudes that support or condone spousal assault
Alleged (current) offense
- Severe and/or sexual assault
- Use of weapons and/or credible threats of death
- Violation of no-contact order
Back
Figure B: Hare PCL-R
- Glibness/superficial charm
- Grandiose sense of self-worth
- Need for stimulation/proneness to boredom
- Pathological lying
- Conning/manipulative
- Lack of remorse or guilt
- Shallow affect
- Callous/lack of empathy
- Parasitic life-style
- Poor behavioral controls
- Promiscuous sexual behavior
- Early behavior problems
- Lack of realistic, long-term goals
- Impulsivity
- Irresponsibility
- Failure to accept responsibility for one's actions
- Many short-term marital relationships
- Juvenile delinquency
- Revocation of conditional release
- Criminal versatility
Back
Figure C: VRAG Variables
- PCL-R score (psychopathy)
- Elementary school maladjustment score
- Diagnosis of any personality disorder
- Age at time of index offense (negatively related)
- Separation from either parent (except death) under age 16
- Failure on prior conditional release
- Nonviolent offense history score
- Never married or equivalent
- Diagnosis of schizophrenia (negatively related)
- Most serious victim injury (from index offense) (negatively related)
- Alcohol abuse score
- Female victim in index offense (negatively related)
Back
Figure D: Risk Factors of Sex Offense Recidivism
- Plethysmograph preference for children
- Scale 5 (Masculinity/Femininity) of MMPI
- Severely disordered
- Deviant sexual preferences (pretreatment)
- Prior sexual offenses
- Any personality disorder
- Negative relationship with mother
- Scale 6 (Paranoia) of MMPI
- Low motivation for treatment
- Victim stranger
- Antisocial personality disorder
- Plethysmograph preference for boys
- Victim female child (negatively related)
- Prior offenses (any non-sexual)
- Anger problems
- Age (negatively related)
- Early onset of sexual offending
- Prior offenses
- Victim related child (negatively related)
- Single (never married)
- Diverse sex crimes
Back