Chapter 5 - Assessment of Dangerousness and Criminal Responsibility

Abstract

This chapter provides an overview of the legal standards for dangerousness and criminal responsibility. The chapter considers the debate on clinical versus actuarial assessments of dangerousness and risk and provides a synopsis of the present research on dangerousness and the methodological limitations of this research. The chapter also discusses the use of static versus dynamic variables in risk assessment and guidelines for addressing specific content areas in the clinical interview risk assessment process. The relationship between violence and the mental status of offenders has become an important clinical and social issue. Short-term risk assessment of imminent dangerousness to others has implications for the containment and management of violent offenders within forensic settings. Criminal responsibility within the law pertains to the criteria necessary to determine criminal liability. Attributions of criminal responsibility are based on the assumption that the offender has violated societal norms; thus, individuals who are deemed incompetent to uphold these norms are exonerated from criminal responsibility. Psychopathy has traditionally been defined as a cluster of affective, interpersonal, and behavioral characteristics. Typically a psychopath exhibits glibness and superficial charm; lack of empathy, guilt, and remorse; egocentricity; selfishness, deceitful, and manipulative behavior; impulsive and irresponsible behavior; and a lack of interpersonal attachments.