The Evidentiary Introduction of Psychopathy Checklist-Revised Assessed Psychopathy in U.S. Courts: Extent and Appropriateness

We examine the application of Psychopathy Checklist Revised (PCL-R) assessed psychopathy in U.S. courts from the time of the introduction of the PCL-R in 1991, through the end of 2004, and consider the PCL-R in light of relevant evidentiary standards and the empirical support for the construct of psychopathy. Our review of the Westlaw legal database indicates that the evidentiary introduction of PCL-R assessed psychopathy extends across state and federal jurisdictions, and has increased considerably in recent years. We identify nine contexts in which PCL-R evidence has been introduced and examine the appropriateness of such introduction. In most contexts the PCL-R was considered with regard to the prediction of violence in the community, and in such context the introduction of PCL-R scores appears appropriate, at least with regard to European American male offenders. However, PCL-R assessments may not meet relevant evidentiary standards with regard to the prediction of institutional violence and violence among females, adolescents and ethnic minorities.