20 Hours / 20 CEs

On Demand | Self-Paced Professional Training

This on-demand professional training program on Evaluations for High Stakes Sentencing is presented by Mark Cunningham, PhD, ABPP. This badge-earning program can be shared digitally on platforms like LinkedIn or your resume and counts towards a certificate. Enroll in this program to earn credit towards Criminal Forensic Assessment Certificate and share your new digital credentials with prospective employers and colleagues.

Landmark U.S. Supreme Court cases such as Woodson, Jurek, Atkins, and Miller mandated individualized sentencing when the death penalty is sought, or a defendant is facing a life-without-parole for an offense committed as a juvenile. Mental health professionals are routinely called upon to assist in illuminating the associated considerations of moral culpability and specific deterrence. The program is divided into four modules, each focusing on a high-stakes sentencing context or issue: Evaluation for capital mitigation, Capital violence risk assessment for prison, and Evaluation of intellectual disability Evaluation in juvenile murder. For each type of evaluation, Dr. Cunningham describes the conceptual underpinnings, evaluation procedures, and relevant research literature and presents an analysis/integration of case data. Dr. Cunningham provides extensive illustrations of how the findings can be effectively communicated in reports and through slide-assisted testimony. 

Learning Objectives

Upon completion of this training, participants will be able to:

  • 1 Describe the contrasting theories of the State and defense at capital sentencing and how these are operationalized in evidence and argument
  • 2 Describe moral culpability and its relationship to choice
  • 3 Describe the procedures in conducting an evaluation of capital mitigation
  • 4 Describe four methodologies for violence risk assessment
  • 5 Describe the various sources for rates of serious prison violence and specify the primary inmate-specific correlates
  • 6 Describe the conceptual basis for the exclusion of persons with ID from death-sentencing
  • 7 Describe the two sources for the primary diagnostic criteria for ID and their common elements
  • 8 Describe the evolution of diagnostic criteria for ID from DSM-IV-TR to DSM-5
  • 9 Describe the four primary factors in brain maturation
  • 10 Describe how brain immaturity impacts decision-making and susceptibility to peer influences

  • Intended Audience

    This training is designed for clinicians and professionals involved in high-stakes forensic evaluations, particularly those related to capital and juvenile sentencing. It is especially relevant for individuals specializing in forensic psychology, clinical assessment, or legal-psychology consultation, with a focus on mitigation, risk assessment, and intellectual disability evaluations. While primarily intended for mental health and legal professionals, the training also appeals to anyone interested in the complexities and procedures of high-stakes forensic work.

    Examples of Relevant Professionals:
    • Mental Health Professional
    • Psychologist
    • Psychiatrist
    • Social Worker
    • Counselor
    • Attorney
    • Judge
    • Legal Consultant
    • Forensic Psychologist
    • Clinical Assessor
    • Professional specializing in mitigation, risk assessment, or intellectual disability evaluations

  • Experience Level

    This training is applicable for all career stages: entry-level, mid-career, and experienced professionals.

    • Beginner: Participants new to forensic mental health or high-stakes sentencing who seek foundational knowledge of relevant Supreme Court cases, core psycholegal concepts (e.g., moral culpability, specific deterrence), and basic evaluation procedures.

    • Intermediate: Participants with some experience in forensic assessment who wish to deepen their understanding of capital mitigation, violence risk assessment, intellectual disability evaluations, and juvenile murder cases, including integration of research and case law.

    • Advanced: Participants with substantial forensic experience who aim to refine their skills in complex case analysis, advanced report writing, and expert testimony, and to stay current with evolving legal standards and research.

  • Practice Setting

    Professionals who participate in this training typically work in environments where legal and mental health systems intersect. Their work often involves conducting comprehensive assessments, preparing detailed reports, and providing expert testimony in court. These settings require collaboration with attorneys, judges, and other legal professionals, as well as adherence to strict ethical and legal standards. The environment is often high-pressure, given the significant consequences of the evaluations for defendants facing capital punishment or life sentences.

    Examples of Practice Settings:
    • Forensic units within state or federal psychiatric hospitals
    • Correctional facilities or prison mental health services
    • Court-based mental health clinics or evaluation centers
    • Private forensic psychology or psychiatry practices
    • University-based forensic research or training programs
    • Legal consulting firms specializing in mitigation or risk assessment
    • Public defender or prosecutor’s offices with in-house mental health professionals
    • Juvenile justice assessment centers
    • Specialized clinics for intellectual disability evaluations in legal contexts
Presented By

Mark Cunningham, PhD, ABPP

Mark D. Cunningham, Ph.D., ABPP is a Seattle-based, board-certified clinical and forensic psychologist, researcher, and prolific scholar, authoring more than 60 publications that have been cited an aggregate of 1800+ times in the scholarly literature, as well as by SCOTUS (Moore v. Texas, 2017) and in amici briefs. He is routinely engaged to provide peer-review for scientific journals in criminology, criminal justice, forensic psychology, and professional psychology, with Publons ranking his peer reviewer activity at the 97th percentile. Dr. Cunningham’s forensic practice is national in scope and he is licensed in 12 states. He has been involved in 60+ Atkins determinations and has several publications on this topic. He has provided more than 100 scholarly symposium, workshops, CE, and CLE presentations at regional and national conferences.

Dr. Cunningham’s research and practice have garnered regional, national, and international recognition. These include: the 2021 American Academy of Forensic Psychology Award for Distinguished Contributions to Forensic Psychology; the 2019 American Correctional Association Peter P. Lejins Research Award; a 2017 commendation by the international John Maddox Prize committee; the 2012 National Register of Health Service Psychologists A. M. Wellner, Ph.D. Lifetime Achievement Award; the 2006 American Psychological Association Award for Distinguished Contribution to Research in Public Policy; the 2005 Texas Psychological Association Award for Outstanding Contribution to Science; and 2006 election as a Fellow of the American Psychological Association (Division 41, Psychology-Law Society). While serving as a naval officer and clinical psychologist at the Naval Submarine Medical Center early in his career, Dr. Cunningham was decorated with a Navy Commendation Medal for meritorious service.

Dr. Cunningham earned his doctorate in clinical psychology at Oklahoma State University and did his clinical psychology internship at the National Naval Medical Center. He completed a two-year NIMH-sponsored post-doctoral program at Yale University School of Medicine and was honored as the outstanding trainee.

Training Outline

Key topics covered in this training include:

  • Conceptual overview
    Sentencing considerations
    Moral culpability
    Specific deterrence

  • Modules
    Capital mitigation
    Violence risk in prison
    Intellectual disability
    Juvenile murderers

  • Approach
    Psycholegal issue
    Case law
    Conceptual understandings
    Procedures of evaluation
    Relevant research
    Models of report writing
    Use of slides in testimony

Earning a Certificate

This is a badge-earning program, which means it will help you earn a certificate that can be showcased on digital platforms like LinkedIn.
View Certificates

CE Sponsorship Information

Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here. 

  1. American Psychological Association (APA): Approved sponsor of continuing education for psychologists.

  2. Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.

  3. Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.

  4. National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).


Sponsorship Approval Statements

Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 7190. Programs that do not qualify for NBCC credit are clearly identified. Palo Alto University, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. Palo Alto University maintains responsibility for this course. ACE provider approval period 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits. Continuing and Professional Studies, Palo Alto University, is recognized by the New York State Education Department's State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0103. Palo Alto University, Continuing and Professional Studies (CONCEPT) is solely responsible for all aspects of the programs. Palo Alto University, Continuing & Professional Studies (CONCEPT), is recognized by the New York State Education Department's State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356. Palo Alto University, Continuing and Professional Studies, is recognized by the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073.