FAQ

How severe should a given crime’s punishment be? The Depravity Standard protects the fairness of such decisions and is applicable to a range of proceedings that consider the severity of a crime. Most notably, this includes criminal sentencing, when the heinousness of a crime can aggravate sentencing. Attorneys, investigators and courts access The Depravity Standard data to cross reference against the evidence from the case at hand to assess whether the crime in question is worse than compared crimes, or whether it is not, and why. 

The twenty-five items of The Depravity Standard focus on the perpetrator’s intent and choices, actions during the crime, the selection of victim (victimology), and the perpetrator’s attitude about the crime. Each of these items, when present, carries a distinct weight of depravity. Weights of each item have been determined in validating research published here, here, and here.  Depending on which items are present, or how many items are present, each crime amasses a score based on its features. The crime’s score can be classified as high depravity, moderate depravity, or low depravity.

Scoring The Depravity Standard depends on which items are present. Each item is weighed differently, according to surveys of attitudes of potential jurors such as you. Moreover, the more items present, the higher the depravity of the crime, as reflected in its score. The meaning of The Depravity Standard score derives from extensive study of comparable cases. Therefore, the features of a robbery case are compared, for degree of depravity, to other robbery cases. 

Among other applications, The Depravity Standard can also assist parole and corrections officials deliberating early release decisions among large numbers of inmates with similar convictions. Corrections officials will have more precise guidance about crimes of lesser depravity that more deservedly warrant earlier release than similarly matched convictions. Similarly, decisions about which criminals should be housed outside of the United States based on the atrocity of their crime can reflect objective, evidence-based determination free of race, ethnic, socioeconomic, or political bias.

At the point of a crime’s investigation, or a case’s investigation prior to trial, law enforcement, justice professionals, and forensic science professionals can reference The Depravity Standard for guidance about intents, actions, and attitudes bearing on whether a crime is more or less culpable than comparable offenses. This may impact how severely a case is charged, plea negotiations and pre-trial diversion, how to approach blameworthiness of multiple perpetrators in a single case, and more.

Defense attorneys and prosecutors can use the Depravity Standard to argue the presence or absence of specific intents actions, and attitudes. This is especially useful when the presence or absence of items presents objective evidence supporting greater leniency or greater culpability. The exercise of thoroughly probing for the presence or absence of each item regulates bias and protects cases from runaway theatrics and emotion-driven decision-making.

The trier of fact, whether tribunal, judge or jury, can use the Depravity Standard at trial in determining whether the evidence dictates that a specific crime was “heinous,” “atrocious,” or “cruel” and meriting a more severe sentence. Likewise, judges may use The Depravity Standard to support a basis for leniency for crimes that demonstrate low or absent depravity.

Finally, governments and corrections officials who make decisions about political amnesty may be able to use the Depravity Standard to distinguish prisoners more deserving of leniency, release, or pardon. Tribunals deliberating large numbers of perpetrators can distinguish the relative culpability of many facing the same charges and focus resources on those whose intents, actions, attitudes, and victim choice were worse than their peers.

Because The Depravity Standard is a measure that promotes thorough investigation of the evidence of a case, it favors neither prosecution or defense – but rather, justice. In cases where thorough scrutiny of the defendant’s intent, actions, attitude and victim choice reflect a crime that is among the worst of its class, The Depravity Standard supports an aggressive stance toward sentencing. In cases where such scrutiny does not demonstrate the defendant to have committed a crime notably different from others of its class, exceptional sentencing is not warranted. And in cases in which elements of depravity are notably absent, defense counsel can advocate with integrity that leniency is warranted.

With the application of the case, the merit rises and falls with the evidence. The onus to prove presence or absence of evidence promoted thorough investigation, which the justice system deserves.

The Depravity Standard will not replace or encroach upon responsibilities of the trier of fact. Sentencing is for the judge or jury only, and sentencing decisions about the severity of a crime will remain the responsibility of the trier of fact. The instrument will only be used as guideline for prosecutors and defense attorneys to demonstrate the presence and absence of relevant items. The Standard provides guidance in the degree of depravity to inform about the relative severity of a crime, which the trier of fact considers alongside other aspects of a case.

A scientifically standardized instrument developed through evidence-based criteria only improves the objectivity of how the trier of fact makes decisions. Jurors and judges, like all of us, have biases of which they may be unaware. A well-researched instrument that provides guidance assists judges, juries, and other decision-makers to have confidence that they limit the influence of those biases.

The U.S. Supreme Court has invited expert guidance to assist the trier of fact in matters of jury inexperience. The Depravity Standard, and the research to standardize the legal definition of depravity that has produced such a Standard, accomplishes exactly that.

The Depravity Standard is not a psychiatric instrument or psychological test, but an inventory of evidence informed by a range of forensic sciences. 

Thus, diagnostic consideration of a defendant is done through other procedures already in place and relying upon witnesses who are carrying out a separate assessment for psychosis, depression, head trauma, or posttraumatic stress disorder, for example. Likewise, the Depravity Standard will operate blind to such diagnoses as antisocial personality and psychopathy, which can and do reflect poorly on the defendant as a person. The Depravity Standard focuses on what an individual planned, targeted, and did, rather than who one is.

The components of the Depravity Standard inform what motivated a person, the planning of a crime and after a crime, and what a person did. If motivation is driven by hallucination, or certain psychotic thinking, most intent items would not flag as present. The Depravity Standard thus embeds, adds, and completes a holistic workup of a case, rather than as an instrument that upends other evidence.

No, it will not. The Depravity Standard will only address the “what” of a specific crime. The Depravity Standard is not related to assessing the defendant for his rehabilitative prospects.

Courts already have existing avenues for considering a defendant’s rehabilitative potential, such as assessment of future dangerousness or testimony about special skills and contributions. 

The Depravity Standard appraises a crime independent of prognosis, better or worse. Its purpose is to measure the intents, actions, and attitudes of the instant offense to inform sentencing, where guidelines are lacking. In this manner, the Depravity Standard contributes to the information that jurors consider as well as their own integration of the evidence of rehabilitative potential drawn from other sources already in place.

The Depravity Standard will improve the fairness of criminal sentencing, such that sentences are determined based on objective facts about the crime itself as opposed to judging the person of the offender. This Standard is not pro-or anti-death penalty; and will neither advance nor inhibit its application. It will, however, help to make death penalty decisions non-arbitrary and less vulnerable to bias.

Confronting the decision of whether to recommend a death sentence is an inherently stressful experience for a juror. The decision can be even more difficult without evidence and guidance about matters to which a juror has little to no previous exposure or experience. How does a juror who does not regularly deal with murder decide if a murder is the worst of the worst? Standardized distinctions of depraved crimes will educate jurors and equip them to wrestle with such powerful decisions with greater comfort and peace.

The research is funded entirely by The Forensic Panel, an independent peer-reviewed forensic medicine practice that consults to courts, prosecutors and attorneys. The Depravity Standard was pioneered, and its research has been spearheaded by Michael Welner, M.D., Chairman of The Forensic Panel.

The Depravity Standard research has been published and made available to the justice community at no charge. The Forensic Panel maintains no financial interest in the use of The Depravity Standard. Rather, The Forensic Panel has committed to the ethical and judicious application of The Depravity Standard and to its continuing refining — such as through the research you are participating in today.

The research you are participating in on this web platform will continue to gather data, in order to update the statistical formulas reflecting organized society’s attitudes on what represent the “worst of the worst” crimes. By having current data that reflects present attitudes, we enable the weights assigned to the relevant intents, actions, attitudes and victim choice to remain current reflections of organized society. Your voice counts – now and going forward.

The term “evil” is used in various legal statutes already. It already exists within the legal system. Because “heinous,” “atrocious” and “cruel” are already terms from existing laws, they have to be probed in a manner reflecting broader societal beliefs of those who may or may not be religiously affiliated. 

The Depravity Standard aims to devise an instrument for terminology of the court, not for adaptation to houses of worship. Research validating The Depravity Standard does not derive from religious precept. Rather, The Depravity Standard research has considered previous court decisions, forensic science evidence, and incorporates societal attitudes of those who are spiritual and those who are not. 

The United States Supreme Court has asked for assistance in guiding jurors. Addressing that need, the Depravity Standard draws from forensic evidence and societal attitudes as measured in protocols such as on this website, as opposed to theological dictates.

The Depravity Standard uses carefully validated definitions of items and the scoring of those items when present. These definitions and the precise methodology for scoring each item are available to courts by The Forensic Panel by request. This ensures that court and government functionaries using The Depravity Standard are responsibly trained and equipped to properly apply the definitions of items and to prevent misuse.  

Since the Depravity Standard’s definitions promote evidence-driven decision-making, determination of a crime’s severity can be accomplished with far less guesswork and bias. Evidence-driven decision-making in the adversarial system of litigation prevents the misuse of these terms in litigation.

Of course. The justice system is constantly confronted with new challenges, be they related to terrorism, international criminal courts, and multinational economic crimes. Laws are dynamic. So is the research that informs lawmakers. Your input will inform your countrymen about its citizens’ perceptions of the worst of crimes. We want your voice to be heard, wherever you live. This research, and the care given to its methodology, promotes your voice being taken into account by the laws in your country – be it tomorrow or in years to follow.

Those states which do not currently delineate crimes that are more severe may one day rely upon the Depravity Standard.

Major crimes are ubiquitous, and legal systems in different countries confront resolution of distinguishing the worst of crimes just as do American courts.

Outside of the United States, for example, war crimes tribunals preside over the fates of many defendants associated with dramatic events – but how do international criminal courts stick to evidence, and avoid political shading of justice when they decide what crimes are depraved?  The Depravity Standard informs such courts with the same refinement of guidance.

Everyone is equal! The more participants and varied backgrounds are encompassed in our sample, the better able we are to determine whether demographic characteristics influence people to view depravity in similar or different fashion.

No, you are not required to have professional experience. We enthusiastically welcome the input from people of all backgrounds, occupations, cultures, and geographic locations so that our conclusions are informative of the attitudes of the general public about depravity.

Our goal with The Depravity Standard surveys is to represent the diversity of people and their experiences and potential reference point. We want to make sure The Depravity Standard reflects all of America and not just a select group of Americans. The research collects demographic and background information to assess whether individual perceptions of depravity are affected by social, political, religious, cultural, and other factors that make each of us unique. Our analysis accounts for the multitude of individual differences that can affect one’s appraisal of depravity.

Questions are randomly generated into five groups of five. The number of unique groupings is in the millions, so there is a high probability that different people will see different sets of questions. The protocol will change which items are ranked against each other every time someone completes a survey.

This methodology allows us to measure whether participants consistently regard certain items as more depraved than others, regardless of presentation order or reference frame, and contribute to a weighting formula for the final Depravity Standard instrument with greater validity.

Read the examples to get a sense of the entire range of different scenarios that illustrate a given item, but rate the item as a whole. Like a juror, you should make these determinations based on your own personal perspective.

All participants are reading the same items and examples. There is no “right” or “wrong” answer.  The best response is one that reflects your own personal frame of reference.

All data is collected and stored at a secure server in which it remains confidential. The Depravity Standard platform is optimized for reliable security, with data is hosted in a private cloud network.  Firewalls enable filtering on both ingress and egress traffic.  Server activity is monitored 24/7 to prevent any potential threats.

Only the researchers have access to the data. No personal information has been, or will ever be, released. For more information, please review our Privacy Policy.

There is no direct and established personal or financial benefit to you for participating in the Depravity Scale study surveys.  However, you will be directly shaping a fairer, more evidence-based justice system that directly reflects your personal preferences. 

Every participant in these surveys has equal influence, and every voice counts in determining a Depravity Standard informed by attitudes of general society.

No. We would like everyone’s participation to have the same weight, so we ask that you and others complete each phase only once.

To ensure the validity of our collected data, the Depravity Scale studies contain a unique user mechanism that guards against duplicate responses or impostors.

However, we strongly encourage you to engage other members of your family, your workplace, your classroom, or your organization to participate in this research.  We want everyone’s input included in helping to shape societal standards!