What unique assessment issues do evaluators face when conducting mental retardation evaluations in capital cases? This article describes 4 assessment issues and reports how 20 evaluators in 1 state have approached them: (a) What methods are appropriate for evaluating adaptive functioning in this context? (b) Should information about criminal behavior be used as evidence of adaptive functioning? (c) Should correctional officers serve as informants regarding adaptive behavior? and (d) How should the Flynn effect influence the interpretation of intelligence test scores? Implications for practice are that practitioners should expect to be asked about the relation between criminal behavior and adaptive functioning, must think carefully about the validity of tests of adaptive functioning for inmates, and must be knowledgeable about the current state of Flynn effect research.

Unethical behaviors (e.g., stealing) are viewed more positively when they benefit someone other than the unethical actor. Scholars argue actors can use this “prosociality” effect to restore their identities after they engage in deviant actions. We investigate whether this interactional resource is more available to some categories of people than others. We use the intersectionality literature to discuss how combinations of race and gender might influence whether a prosocial unethical behavior is defined in negative or positive terms. We use affect control theory to generate hypotheses about when the intersectional identities will lead to more negative or positive evaluations and labeling of the actor and behavior. In an online experiment, we find that the evaluation and labeling of an actor are less affected by prosociality when he is a white male. Women of both races and men of color can restore their identities, but only by behaving in a completely prosocial way.

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