Psychological testing is often misused in evaluating custody cases; nonspecific and indiscriminate testing often fails to answer the important questions and may provide confusing information that may be opportunistically used by either adversary. Available methods of assessing malingering mental retardation lack adequate validity. The Bill of Rights calls for an impartial jury, yet few, if any, legal scholars believe jurors approach their duty as blank slates. Exploratory and confirmatory studies identified four attitude variables that correlate with perceptions of fairness in the legal system and reasonable doubt. Moreover, the low-IQ group was less able to assist in their defense (disclose crime facts, work with attorney, understand plea bargaining). Up to 75 percent of individuals injured in compensable accidents fail to return to gainful employment two years after legal settlement. Numerous examples will be presented, including mistakes we have made ourselves.--Albert J. Kastl, Ph.D. and John W. Podboy, Ph.D., are in private practice in Sonoma County and have conducted several thousand psychological assessments. Some assessments were adjusted so that only recidivism was what was being looked at, and predictive validity was noted. This talk will describe the disorders that could cause an elderly person to seem incompetent, as well as the test scores and symptom patterns that allow a differential diagnosis to be made. Unintentional misuses of tests include: lack of knowledge of the reliability and validity of given tests, limited experience in administration and interpretation, failure to give tests in their entirety, over reliance on a single instrument or test score, failure to correlate the test results with other sources of data, and failure to consider the possibility of malingering. Implications of the data for the assessment of juveniles CST and restoration of incompetent juveniles are discussed. Two computerized neuropsychological tests used to screen forensic clients. Degenerative neurologic diseases might be present. Psychological evaluations of claimants for Social Security Disability who have low IQs, will be presented to illustrate and evaluate this concern.--Telford I. Moore, Ph.D. worked for 13 years at Lanterman Developmental Center in Los Angeles, and for 10 years at Golden Gate Regional Center in San Francisco. Information presented and discussed does not represent legal or psychological advice. According to the American Psychological Association, forensic psychology/psychiatry is when clinical psychology is applied to legal arena in terms of assessment, treatment, and evaluation. This phenomenon has come to be called the "Flynn effect," after the person who attempted to measure the rate at which it occurs. The psychological evaluation includes a review of all relevant historical data, a clinical interview, psychosocial history, past psychological treatment (if any); and include and risk factors. Some long-standing issues in the field will be discussed, including limited training, variations in administration, errors of scoring, partial administration of tests, use of obsolete forms, arbitrary test selection and multiple testing of the same function. Addressing issues of effort and motivation in psychological evaluations is standard in forensic cases. %�쏢 A major current problem in the field is the availability of test materials through the Internet. Issues regarding the use of the WAIS-IV in disability evaluations and death penalty assessments will be discussed, and likely areas of cross-examination will be reviewed. Information obtained from assessment has a scientific basis as it compares the individual against normative data. The author proposes that these two general test taking attitudes are critical to competent personality assessment, client management, and to an understanding of malingering behavior. Psychological testing. The Wechsler Adult Intelligence Scale is one of the most widely-used psychological tests, and a staple in forensic psychological and neuropsychological evaluations. Her professional career has emphasized evaluation and assessment, with the MMPI, and later the MMPI–2, remaining a staple in her adult forensic test batteries. Claimant evaluations may differ from defense evaluation scores. In response, he began to advocate that WAIS-III full scale IQs of criminal defendants who claim mental retardation should be decreased by those amounts. These behaviors can result in severe psychosocial consequences for the victim of the follower. In traditional terms, a crime must consist of three parts including: a guilty mind, an act, and a punishment (1). In a forensic psychological assessment, the retaining party (often the court, an agency, or the attorney) is the client. Dr. Schutte is a bilingual psychologist in El Paso, Texas. The past several decades have seen a major upswing in the development and use of psychological assessment instruments in forensic and correctional settings. Early language referenced notions such as “infancy” or reasoning capacity not far removed from that of a “wild beast” as potentially exculpating mental states. Psychological testing allows the evaluator not only to corroborate interview data and clinical impressions, but also to go beyond the interview and collect information of broader psychological complexity. Psychological testing was perceived as either essential or recommended by approximately two thirds of the respondents for CR evaluations … Reviews and Awards Psychologists, neuropsychologists, and attorneys interacting with the MMPI-2 will find this book a critical and invaluable reference for years to come. Misuse of psychological testing in custody cases. There are challenges in providing accurate assessment to those of low intelligence. A psychologist may provide assessment of emotional damage. Such should be sought from an attorney and/or mental health professional specifically retained to assist you. %PDF-1.3 Bromides for this scenario will be presented for discussion.-, WAIS-III IQs of criminal defendants with a mental retardation claim should not be reduced for the Flynn Effect. This is the foundation on which the temporary insanity defense and the insanity defense are built. This case study describes the literature on obsessional following and erotomanic delusions, reviews prior psychometric data on such patients, and presents a case of a patient who was evaluated with a variety of objective and projective psychological test instruments. Using the TOMM, DCT, and WMS-III faces as indices of dissemblance among individuals with low IQ. The application of psychology to the selection of police officers has long been a part of the process, usually in the form of a psychological evaluation performed by a licensed clinical psychologist. Variables of type of claim, sex, and age will be used for searches. Definitions of mental retardation overlap with definitions of other disorders, and dual diagnoses are common in people with mental retardation. Both forms of misuse must be controlled if we are to maintain credibility in the legal arena. Attendees will learn which tests are properly developed to use with Hispanics; specific difficulties likely to be encountered in using those tests; differentiation among the Hispanic subcultures; which tests are not definitely recommended; courtroom tactics, Differential diagnosis decisions related to dementia-using neuropsychological tests to make recommendations in competency hearings, Differential diagnosis decisions related to dementia - neuropsychological tests for recommendations in competency hearings. It was predicted that attitudes toward the death penalty would be based on emotional or symbolic arguments (e.g., retribution) rather than factual or rational arguments (e.g., knowledge concerning the death penalty and deterrence). Differences in attitudes toward the temporary insanity defense and the insanity defense. We present test results from this survey, based on 152 respondents, for forensic evaluations conducted with adults using multiscale inventories, single-scale tests, unstructured personality tests, cognitive and/or intellectual tests, neuropsychological tests, risk assessment and psychopathy instruments, sex offender risk assessment instruments, competency or sanity-related instruments, and instruments … Presentations of psychometric data in court. Validity: The validity was conducted using a modified adult PCL assessment, and it was adjusted for juveniles with something being taken out, since those items didn’t pertain to juveniles. Attempts at deception can be conscious or unconscious, and they can be perpetrated by the individual being tested and by the expert witness. Additional data should be gathered on such patients to better diagnose and treat their pathological behavior, so as to reduce the impact of their behavior on their victims. A related problem is that of coaching by professionals who are familiar with the tests themselves. Historians of Western law point to the influence of Henry de Bracton, whose writings on English law in the 13th century introduced notions of mental capacity and intent into deliberations about guilt and moral culpability. Attendees should be able to avoid the major pitfalls summarized in the discussion. The most influential English case was the M’Naghten case (1843), which established as the test for insanity that the accused was laboring un… Forensic psychological testing with Hispanics: guidelines and caveats, The tests most frequently used in forensic evaluations MMPI-II, MCMI-III, WAIS-III, WAIS-IIIE, WISC, Rorschach, TAT, CPI, PAI, HARE (PLC-R), as well as the tests most frequently used in neuropsychological evaluations, Wisconsin Card Sorting Test (WCST), WME-III, Ray Complex Figure Test (RCFT), Batería-R, Luria-Nebraska, Color Trails Test (CTT) will be evaluated as per standardization and validity with the multiple and diverse Hispanic population. 5 0 obj Competency to stand trial in low-IQ juveniles. Forensic assessment, as mentioned earlier, may involve the use of psychological tests or assessment instruments. Particularly for psychologists, testing is associated with their professional identity and is part of their usual and customary practice. In addition, personality variables have been found to be more reliable predictors of juror decisions when the case evidence is more equivocal ( close calls ). The interpretation of intelligence test scores typically takes into account the standard error of measurement, and this source of error is greater in people with low IQ. For example, the Wechsler Memory Scale is a battery of classic neuropsychological tests of memory, encoding and learning. ), evaluator (name, qualifications, location of assessment), purpose of the evaluation and, if a criminal matter, what the defendant is alleged to have done. Both types of the defense are greatly misunderstood and misinterpreted by the general public and some legal and mental health professionals. Previous research has indicated that adolescents of low intelligence are more likely to be found incompetent to stand trial (IST). Adaptive behavior must be assessed based on knowledge of community functioning, which can be difficult to obtain for incarcerated individuals. psychological testing might include traditional and more contemporary child custody assessment instruments in their evaluations. Psychological testing in mental disability claims is useful and at times crucial in understanding the issues presented for adjudication. Given today's technology in the field of forensic psychology, one can be confident in the expert opinion of a qualified forensic scientist. Mental health professionals, probation officers, and social workers are among those in the forensic field called on Use of psychological tests to detect malingered intellectual impairment, Intentional misuse of standard psychological tests in complex trials. The psychologist must be able to find the subtle distinctions between disorders that may be mistaken for dementia (e.g., depression), forms of dementia that may be treatable, and typical types of dementia. In criminal cases, a psychological evaluation may be court ordered to determine competency to stand trial, legal insanity, risk for violence, or sexual dangerousness. In the field of neuropsychology, some practitioners give so many tests that a few will fall in impaired ranges to apparently prove that brain damage is present. 10605. False positive errors on selected tests of malingering, University students' attitudes and perceptions of the death penalty, Even with the present sample from a college population, the vast majority favored the death penalty. A finding of heuristic interest, and a basis of potential courtroom queasiness, is that the reports typically provide a forensic psychiatrist with servings of contradictory, and often disparate, conclusions regarding the tests' validity, the patient's status and diagnosis. DISCLAIMER Page 2 Despite the apparent widespread use of psychological tests in evaluations performed by psychologists to assist legal decision makers, there has been little critical but balanced examination of the appropriate parameters for the forensic use of such tests. Other states do it voluntarily. Individual attitudes have a functional role in the majority of theories in explaining crime. Participants will learn a) the domains and subtests covered by MicroCog, b) the IVA task and the derived scales, c) basic interpretation of the two tests, d) conclusions to be drawn from the tests and their limits, and e) practical considerations in contemplating implementation of these techniques in one s practice. This is also true for the temporary insanity defense. Computerized neuropsychological testing is an efficient approach to screening patients for intensive neuropsychological investigations. It conjures up everything from pages of psycho-babble to a focused analysis of a specific referral question. Presentence evaluations are those assessments conducted prior to the sentencing stage of proceedings to assist the court in making an appropriate disposition. <> To avoid invalid results and consequent misdiagnoses, courtroom or deposition embarrassment, or incorrect data collection for research or communication purposes, the neuropsychologist and testing technicians must conduct standardized, error-free administrations. The insane, whether temporarily or otherwise, are thought to be missing culpable intent when they commit an illegal act. Accurate interpretation of the Halstead-Reitan Neuropsychological Test Battery depends on accurate standardized administration. The problem of determining a diagnosis in childhood and at the time of the crime when many years have passed challenges the usefulness of some common clinical methods. Measuring antisocial attitudes- method of assessment and scale version do count. Despite the apparent widespread use of psychological tests in evaluations performed by psychologists to assist legal decision makers, there has been little critical but balanced examination of the appropriate parameters for the forensic use of such tests. The MMPI-2 validity scales have been discussed in detail, as the MMPI-2 is the most widely used and researched personality test in the world and has passed the Frye test for admissibility. Results indicated that low-IQ juveniles were three times more likely to have CST deficits and as less likely to know the penalties they faced, the prosecutor s role, or the adversarial nature of court proceedings. A comprehensive examination should be conducted in cooperation with a neurologist as neurologic exams, blood screens, PET scans, and QEEGs can be used to help determine what caused impairment in functioning. In certain capital punishment cases, practitioners verbally agree to discover some level of psychopathology. Case law upholds the right of police agencies to conduct psychological testing. These measures were found to predict verdicts and perceptions of legal responsibility across a range of mock trial tests. The field of psychological assessment emerged in academic and clinical settings. On the basis of his work, Flynn came to believe that WAIS-III full scale IQs have inflated by 0.30 points annually since that test s development in 1995, and by an additional 2.34 points due to its "flawed" norms. Recent literature by Hurley and Deal (2006) indicates that the TOMM and DCT may not be appropriate for individuals with low IQs. A related problem is that of coaching by professionals who are familiar with the tests themselves. When psychological tests are applied to forensic matters, great care must be exercised in administration and interpretation. Instead, consideration of complex interactions between personality variables and case-specific factors seems to be required for adequately predicting juror verdict. In other words, the basic common elements are a concurrence between the voluntary act (actus reus) and a culpable intent (mens rea). In addition to the problems of subjective modification of adaptive behavior scores to reflect cultural differences, which these authors noted, expert witnesses have encountered many other challenges. The proliferation of personal injury and workers' compensation litigation has created a need for psychiatrists and psychologists. Psychologists can administer psychological instruments such as the MacArthur Competence Assessment Tool-Criminal Adjudication. 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