Encyclopedia of Psychology and Law

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thwarting tomorrow’s terrorists is at least as critical as
understanding extremists of the past and the present.
There are three tentative conclusions on extremist
recruitment: (1) terrorists focus their recruitment where
sentiments about perceived deprivation are deepest and
most pervasive, (2) social networks and interpersonal
relationships provide critical connections for recruit-
ment into terrorist organizations, and (3) effective ter-
rorist recruiters either identify in or impart on the
prospect a sense of urgency and imminence in “closing
the deal.” Though some anecdotal reports exist on how
some specific individuals came to join a terrorist group,
there has been little serious scientific or systematic
study of recruitment and radicalization processes.

From extremist group research based on organiza-
tional behavior principles, it does seem clear that the
group must be able to maintain both cohesion and loy-
alty. Effective leaders of terrorist organizations must
be able to maintain a collective belief system, estab-
lish and maintain organizational routines, control the
flow of communication, manipulate incentives (and
purposive goals) for followers, deflect conflict to
external targets, and keep the action going.

The State of Research
Social science researchers in the field of terrorism studies
are nearly unanimous in their conclusion that its research
largely lacks substance and rigor. Several fundamental
problems remain unresolved: There still is no agreed-on
definition of terrorism, most of the existing research is
not empirical or based on any data, and the existing
research is largely inapplicable to operational considera-
tions. Future endeavors designed to inform counterter-
rorism operations should be operationally informed,
maintain a behavior-based focus, and derive interpreta-
tions from analyses of incident-related behaviors.
In addition, to further the basic social science of ter-
rorist behavior, NATO’s Advanced Research Workshop
posed the following as “high-priority” research objec-
tives for the future:


  • A more rigorous, specific understanding of social
    and political movements that are not involved in vio-
    lence, in order to understand what leads some organi-
    zations toward violence

  • More primary research—better access to and more
    interviews with activists and terrorists

  • Better triangulation of data obtained from these
    sources


Furthering psychological and other behavioral sci-
ence research on terrorism will, it is hoped, enhance
international security and prevent acts of violence
toward innocent civilians.

Randy Borum

See alsoCriminal Behavior, Theories of

Further Readings
Borum, R. (2003). Understanding the terrorist mindset
[Electronic version]. FBI Law Enforcement Bulletin,
72 (7), 7–10. Retrieved from http://www.fbi.gov/
publications/leb/2003/july03leb.pdf
Borum, R. (2004). Psychology of terrorism.Tampa:
University of South Florida. Retrieved from
http://www.ncjrs.gov/pdffiles1/nij/grants/208552.pdf
Borum, R. (2004). Psychology of terrorism: Annotated
bibliography.Tampa: University of South Florida.
Retrieved from http://www.ncjrs.gov/pdffiles1/nij/
grants/208551.pdf
Moghaddam, F. (2005). The staircase to terrorism:
Psychological exploration. American Psychologist,
60,161–170.

TESTAMENTARYCAPACITY


Under Anglo-American law, the right of testationrefers
to the freedom to choose how one’s property and other
possessions will be disposed of following one’s death.
For a will to be valid, the testator (the person making
the will) must have testamentary capacity (TC) at the
time that the will is executed. TC is thus a legal con-
struct that represents the level of mental capacity nec-
essary to execute a valid will. If TC is absent, then the
will is void and fails. For reasons of public policy,
courts have traditionally applied a low legal threshold
for finding TC.
Conceptually, TC falls within the broader concept of
financial capacity, but for reasons of history and tradi-
tion, TC continues to receive distinct attention within
the legal system. Each state jurisdiction, through its
statutes and case law, sets forth the legal elements or
criteria for TC. The absence of one or more of these ele-
ments of TC can serve as grounds for a court to invali-
date a will. A will can also fail if the testator has an
insane delusionthat specifically and materially affects
the testator’s creation or amendment of a will. Finally,
a will is often challenged on the conceptually separate

798 ———Testamentary Capacity

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