An Examination of Whether Psychopathy Checklist-Revised (PCL-R) Evidence Satisfies the Relevance/Prejudice Admissibility Standard

Abstract

The Psychopathy Checklist-Revised (PCL-R) assesses psychopathic characteristics in correctional and forensic psychiatric populations. Due to a well-developed body of empirical research suggesting an association between psychopathy and future dangerousness, the PCL-R is used to assess psychopathy and evaluate future risk in numerous legal contexts. Although recent case law surveys indicate that the PCL-R is occasionally misused in legal settings, the admissibility of the PCL-R is rarely questioned. Yet, the PCL-R may not meet the evidentiary standards for admissibility of evidence. This chapter reviews the scientific literature on the PCL-R to examine whether it satisfies the Federal Rules of Evidence (FRE) test for the admissibility of evidence. We considered three types of evaluations for which the PCL-R or the corresponding youth version, PCL: YV, are used and for which the PCL-R has been rigorously researched: capital sentencing, juvenile transfer, and sexually violent predator (SVP) commitment. Findings supported the probative value of the PCL-R for recidivism in juvenile transfer, long-term sexual recidivism in SVP commitment, and malingering in capital sentencing. Findings did not support probative value of the PCL-R for treatment amenability in juvenile transfer, short-term sexual recidivism for SVP commitment, or for institutional violence in capital sentencing.