NCJ Number
143194
Journal
Inside Psychology Volume: 1 Issue: 1 Dated: (November 1992) Pages: 3-7
Date Published
1992
Length
5 pages
Annotation
New hearings to determine whether an inmate presents a danger to the public, held under the (British) Criminal Justice Act 1991 will be more investigatory and informal than the traditional adversary procedures of the criminal courts. This article discusses guidelines for psychologists to follow when presenting opinions about risk in regard to a prisoner's potential release on license.
Abstract
While expert witnesses are allowed by the rules of evidence to state opinions, factual statements will usually withstand cross-examination better than evidence of opinion. To answer questions about whether a prisoner should be released on license, the witnesses could refer to the framework provided by explicit risk policies and procedures. Risk policies adopt concepts and rules from the laws of negligence and judicial review and can provide expert witnesses with something factual to analyze. Two key procedures are involved in risk decisions: assigning values to identified potential outcomes, and assessing the likelihood of each outcome. The risk assessment is quantified by multiplying the values allocated to negative outcomes with their likelihoods and totaled; the same is done with positive outcomes. If negatives outweigh positives, alternative risk proposals must be developed; for example, altering the terms of the license will generate different likely outcomes. Expert testimony presented in the framework of risk decision making will be easier for the witness to defend. 25 references