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Unraveling Volitional Impairment: Forensic Psychological Perspectives on Volitional Impairment in Sexually Violent Person Commitments

Year: 2025

Type: article

Abstract: Volitional impairment is central to the civil commitment of sexually violent persons (SVPs), yet little is known about how forensic professionals define and assess this construct. This study surveyed 29 experienced SVP evaluators (mean experience > 20 years) to examine their conceptualizations and assessment practices. Participants completed open-ended questions, rated 31 potential indicators on Likert-type scales, and evaluated two hypothetical cases. While some consensus emerged on key indicators—including repeated treatment failure, lack of insight, persistent deviant urges, verbalized loss of control, self-regulation deficits, and disregard for consequences—case analyses revealed substantial, often contradictory, variability in expert conclusions. Agreement on hypothetical cases was only 79% and 72% per vignette, with critical discrepancies even within the same legal jurisdictions. These findings demonstrate that statutory language alone does not account for differences, leading to inconsistent evaluations. The study highlights an urgent need for clearer operational definitions and structured tools to enhance assessment reliability.

Source: Criminal Justice and Behavior

DOI: 10.1177/00938548251389454

Authors: Nicholas Scurich, Marc A. Martinez, Daniel A. Krauss

Institutions: University of California, Irvine, Claremont McKenna College

Language: English

Topic: Psychopathy, Forensic Psychiatry, Sexual Offending

Subfield: Clinical Psychology

Field: Psychology

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Good health and well-being

Open Access status: hybrid

Estimated APC paid: $3,650