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Research ArticleRegular Articles

Case Law Considerations in the Use of ASPD in SVP/SDP Evaluations

Shoba Sreenivasan, James Rokop, Melinda DiCiro, Jeremy Colley and Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online June 2020, 48 (2) 181-190; DOI: https://doi.org/10.29158/JAAPL.003915-20
Shoba Sreenivasan
Dr. Sreenivasan is Forensic Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA, and Adjunct Clinical Professor, Keck School of Medicine of University of Southern California (USC), Los Angeles, CA. Dr. Rokop is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. DiCiro is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. Colley is Associate Professor and Program Director of Forensic Psychiatry, New York University School of Medicine, New York, NY. Dr. Weinberger is Professor Emerita, Keck School of Medicine of USC, and Chief Psychologist, USC Institute of Psychiatry, Law, and Behavioral Science, Los Angeles, CA.
PhD
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James Rokop
Dr. Sreenivasan is Forensic Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA, and Adjunct Clinical Professor, Keck School of Medicine of University of Southern California (USC), Los Angeles, CA. Dr. Rokop is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. DiCiro is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. Colley is Associate Professor and Program Director of Forensic Psychiatry, New York University School of Medicine, New York, NY. Dr. Weinberger is Professor Emerita, Keck School of Medicine of USC, and Chief Psychologist, USC Institute of Psychiatry, Law, and Behavioral Science, Los Angeles, CA.
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Melinda DiCiro
Dr. Sreenivasan is Forensic Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA, and Adjunct Clinical Professor, Keck School of Medicine of University of Southern California (USC), Los Angeles, CA. Dr. Rokop is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. DiCiro is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. Colley is Associate Professor and Program Director of Forensic Psychiatry, New York University School of Medicine, New York, NY. Dr. Weinberger is Professor Emerita, Keck School of Medicine of USC, and Chief Psychologist, USC Institute of Psychiatry, Law, and Behavioral Science, Los Angeles, CA.
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Jeremy Colley
Dr. Sreenivasan is Forensic Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA, and Adjunct Clinical Professor, Keck School of Medicine of University of Southern California (USC), Los Angeles, CA. Dr. Rokop is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. DiCiro is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. Colley is Associate Professor and Program Director of Forensic Psychiatry, New York University School of Medicine, New York, NY. Dr. Weinberger is Professor Emerita, Keck School of Medicine of USC, and Chief Psychologist, USC Institute of Psychiatry, Law, and Behavioral Science, Los Angeles, CA.
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Linda E. Weinberger
Dr. Sreenivasan is Forensic Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA, and Adjunct Clinical Professor, Keck School of Medicine of University of Southern California (USC), Los Angeles, CA. Dr. Rokop is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. DiCiro is Chief Psychologist, Forensic Services Division, California Department of State Hospitals, Sacramento, CA. Dr. Colley is Associate Professor and Program Director of Forensic Psychiatry, New York University School of Medicine, New York, NY. Dr. Weinberger is Professor Emerita, Keck School of Medicine of USC, and Chief Psychologist, USC Institute of Psychiatry, Law, and Behavioral Science, Los Angeles, CA.
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    Table 1

    ASPD and Case Law

    StateCase Law Supports ASPDCase Law Rejects ASPD
    CaliforniaPeople v. Burris31
    People v. Gudino33
    FloridaHale v. State53
    IllinoisPeople v. White (In re White)54
    IowaState v. Goodwin (In re Goodwin)55
    In re Detention of Barnes27
    KansasIn re Care & Treatment of Colt56
    MassachusettsYoung v. Murphy42
    Commonwealth v. Mazzarino26
    MinnesotaIn re Civ. Commitment of Spicer44
    In re Civ. Commitment of Wagner43
    MissouriMurrell v. State (In re Murrell)39
    Holtcamp v. State41
    In re Care & Treatment of Shafer57
    New JerseyIn the Matter of the Commitment of W.Z.32
    New YorkMatter of State of New York v Donald DD29
    North DakotaIn the Interest of Kelly Tanner40
    State v. Anderson (In re Anderson)45
    Gaddie v. Barrera (In re Barrera)58
    TexasIn re Commitment of Barrientos59
    WisconsinState v. Allison34
    Adams v. Bartow35
    State v. Farmer (In re Farmer)36
    State v. Gladney (In re Gladney)37
    State v. Bergemann38
    State v. McCain60
    Federal legislationUnited States v Wilkinson30
    • ASPD, antisocial personality disorder.

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Journal of the American Academy of Psychiatry and the Law Online: 48 (2)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 48, Issue 2
1 Jun 2020
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Case Law Considerations in the Use of ASPD in SVP/SDP Evaluations
Shoba Sreenivasan, James Rokop, Melinda DiCiro, Jeremy Colley, Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online Jun 2020, 48 (2) 181-190; DOI: 10.29158/JAAPL.003915-20

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Case Law Considerations in the Use of ASPD in SVP/SDP Evaluations
Shoba Sreenivasan, James Rokop, Melinda DiCiro, Jeremy Colley, Linda E. Weinberger
Journal of the American Academy of Psychiatry and the Law Online Jun 2020, 48 (2) 181-190; DOI: 10.29158/JAAPL.003915-20
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    • Abstract
    • ASPD as a Qualifying Disorder
    • ASPD and Statutory Definitions
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