The Role and Reliability of the Psychopathy Checklist—Revised in U.S. Sexually Violent Predator Evaluations: A Case Law Survey.

Law and Human Behavior, Vol 38(3), June 2014. pp. 248-255.

8 Pages Posted: 12 Jun 2020 Last revised: 25 Jun 2020

See all articles by David DeMatteo

David DeMatteo

Drexel University Thomas R. Kline School of Law

John F. Edens

affiliation not provided to SSRN

Meghann Galloway

affiliation not provided to SSRN

Jennifer Cox

affiliation not provided to SSRN

Shannon Toney Smith

affiliation not provided to SSRN

Dana Formon

affiliation not provided to SSRN

Date Written: 2014

Abstract

The civil commitment of offenders as sexually violent predators (SVPs) is a highly contentious area of U.S. mental health law. The Psychopathy Checklist—Revised (PCL–R) is frequently used in mental health evaluations in these cases to aid legal decision making. Although generally perceived to be a useful assessment tool in applied settings, recent research has raised questions about the reliability of PCL–R scores in SVP cases. In this report, we review the use of the PCL–R in SVP trials identified as part of a larger project investigating its role in U.S. case law. After presenting data on how the PCL–R is used in SVP cases, we examine the reliability of scores reported in these cases. We located 214 cases involving the PCL–R, 88 of which included an actual score and 29 of which included multiple scores. In the 29 cases with multiple scores, the intraclass correlation coefficient for a single evaluator for the PCL–R scores was only .58, and only 41.4% of the difference scores were within 1 standard error of measurement unit. The average score reported by prosecution experts was significantly higher than the average score reported by defense-retained experts, and prosecution experts reported PCL–R scores of 30 or above in nearly 50% of the cases, compared with less than 10% of the cases for defense witnesses (κ = .29). In conjunction with other recently published findings demonstrating the unreliability of PCL–R scores in applied settings, our results raise questions as to whether this instrument should be admitted into SVP proceedings.

Note: (PsycINFO Database Record (c) 2016 APA, all rights reserved)

Keywords: PCL–R, civil commitment, psychopathy, reliability, sexually violent predator, mental health law, Psychopathy Checklist-Revised,

Suggested Citation

DeMatteo, David and Edens, John F. and Galloway, Meghann and Cox, Jennifer and Smith, Shannon Toney and Formon, Dana, The Role and Reliability of the Psychopathy Checklist—Revised in U.S. Sexually Violent Predator Evaluations: A Case Law Survey. (2014). Law and Human Behavior, Vol 38(3), June 2014. pp. 248-255., Available at SSRN: https://ssrn.com/abstract=3605774

David DeMatteo (Contact Author)

Drexel University Thomas R. Kline School of Law ( email )

3320 Market Street
Philadelphia, PA 19104
United States

John F. Edens

affiliation not provided to SSRN

Meghann Galloway

affiliation not provided to SSRN

Jennifer Cox

affiliation not provided to SSRN

Shannon Toney Smith

affiliation not provided to SSRN

Dana Formon

affiliation not provided to SSRN

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