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

Abstract

Due to the increased use of the Psychopathy Checklist-Revised (PCL-R) within legal contexts, this chapter reviewed the scientific literature regarding the probative value (predictive ability) and prejudicial impact (psychopathy labeling effects) of the PCL-R in three legal contexts: juvenile transfer, sexually violent predator (SVP) commitment, and capital sentencing. An application of Federal Rules of Evidence for United States Courts and Magistrates 401-403 to these literature bases suggests PCL-R evidence is likely to satisfy the relevance/prejudice test regarding recidivism in juvenile transfer proceedings, long-term sexual recidivism for SVP proceedings, and malingering in capital sentencing. However, PCL-R evidence is unlikely to satisfy the relevance/prejudice test for treatment amenability in juvenile transfer proceedings, for short-term sexual recidivism in SVP commitment proceedings, and for predicting future institutional dangerousness in capital contexts. (PsycInfo Database Record (c) 2020 APA, all rights reserved) (Source: chapter)