The Assessment of Dangerousness in New York State: The Impact of the George “L.” Decision

Abstract

The disposition of individuals who are acquitted by reason of insanity is directly influenced by assessments of dangerousness. Risk assessments should be presented as the probability that a given type of behavior will occur, taking into account both personality and situational variables. However, clinicians are at times mandated to answer the “ultimate question,” and it is often difficult to follow recommended risk-assessment procedures. Legislative statutes and case law may have a direct bearing on risk-assessment procedures. This paper explores how a recent New York State Court of Appeals decision has had a dramatic impact on the assessment and treatment of insanity acquittees in New York State. Case illustrations are presented. Although, the statutes and the decisions cited in the paper are endemic to one state, the issues that are discussed would clearly have relevance for assessing dangerousness in other venues.