Publication year: 2011
Source: Aggression and Violent Behavior, In Press, Accepted Manuscript, Available online 18 August 2011
John Matthew, Fabian
The U.S. Supreme Court held in Kansas v. Crane, the person’s mental abnormality or personality disorder must cause the individual to have “serious difficulty in controlling his sexual behavior,” rather than “total or complete lack of control.” While most state civil commitment statutes do not mandate this volitional impairment language relevant to loss of control, they instead incorporate the requirement of findings of “likely” or “likelihood” to reoffend. Yet in some of these state SVP hearings, the forensic mental health expert witnesses testify as to the offender’s ability to control his sex offending behaviors. Occasionally, some of these experts are…
Highlights: ► Sex offenders often have brain damage and neurodevelopmental abnormalities ► Subcortical and prefrontal cortex brain structures are indicated in sexual deviance ► Neuroscience may add evidence to volitional impairment in sex offenders