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The Depravity Standard: Application to Classifying Crime and Its Perpetration - Encyclopedia of Forensic & Legal Medicine, 3rd Edition

By Welner, M. In: Payne-James et al. Encyclopedia of Forensic & Legal Medicine, 3rd Edition (in print) Elsevier 2025 (4) pp 610-618 


Intro: It is common understanding that some crimes are truly exceptional when compared to others of their type. These crimes represent the worst of the worst. Criminal law statutes in the United States allow for crimes deemed "heinous," "atrocious," "cruel" or "depraved" to be eligible for a more severe sentence. In principle this is understandable; in practice, however, there are major discrepancies in definitions and descriptions of "heinous" crimes. These could potentially lead to inconsistent application in justice, even with good intentions.

 

Standards for appraising the depravity, heinousness, or evil of a crime that reflect organized society equip jurors and judges with relatable tools developed by a community of peers. Ecologically valid and evidence-based definitions safeguard a fair, unbiased and consistent process for determining the worst of crimes.

 

This chapter reviews the validation of the Depravity Standard, its thresholds, and the mechanics of its application to evaluating different types of crimes and the intent, actions, and attitude of the crimes' perpetrators.