Ethical practice in sex offender assessment : consideration of actuarial and polygraph methods

The current generation of community protection laws represents a shift in priorities that may see the individual rights of sex offenders compromised for the goal of public safety. At the center of many judicial decisions under these laws are the risk assessment reports provided by mental health practitioners. The widespread enactment of laws allowing for additional sanctions for sex offenders, and a burgeoning research literature regarding the methods used to assess risk have served to heighten rather than resolve the ethical concerns associated with professional practice in this area. This article examines ethical issues inherent in the use of two assessment methods commonly used with sex offenders in the correctional context, focusing on actuarial measures and polygraph tests. Properly conducted and adequately reported actuarial findings are considered to provide useful information of sufficient accuracy to inform rather than mislead judicial decision makers, although careful consideration must be given to the limitations of current measures in each individual case. Despite its increasing use, polygraph testing is considered controversial, with little consensus regarding its accuracy or appropriate applications. On the basis of the current state of the professional literature regarding the polygraph, its use with sex offenders raises unresolved ethical concerns.

Does the polygraph lead to better risk prediction for sexual offenders?

The polygraph is receiving increased attention surrounding its ability to facilitate more honest disclosures from sexual offenders concerning risk-related information (e.g., historical risk factors and acute-dynamic risk factors). In addition, the polygraph has become accepted as a standard containment tool in the US, although UK professionals appear to have taken a more cautionary approach. The aim of this review is to provide a basic overview of current risk assessment procedure in the absence of the polygraph, and then to investigate studies that use the polygraph to enhance sexual offenders' risk assessments. Specifically, studies examining historical risk factors, stable-dynamic risk factors, and acute-dynamic risk factors are examined and evaluated. We conclude that there is reasonable evidence supporting polygraph use in some areas of risk assessment. However, the vast majority of studies suffers from serious confounds that should be taken into account by professionals who use the polygraph as a standard practice in sexual offender risk assessment and management. Finally, the future of the polygraph is discussed in light of the presented empirical evidence.