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. A satisfactory process for the diagnosis of mental retardation cannot be assured until these problems are resolved. It conjures up everything from pages of psycho-babble to a focused analysis of a specific referral question. Psychological evaluation for Immigration. Forensic hypnosis, memory recall related to rape and battery cases. 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. Attendees should be able to avoid the major pitfalls summarized in the discussion. Brain damage may also be assessed, through the use of neuropsychological tests. %�쏢 Psychological Tests Administered There are hundreds of psychological tests, scales, instruments and checklists. Hypnotic induction was employed in three cases in order to refresh the victim's memory for specific past events. Presentations of psychometric data in court. In some cases, the person being evaluated may not want to participate but is court ordered to do so. 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. stream The authors surveyed forensic psychologists and psychiatrists (about 80% of whom were board certified) regarding their use of psychological testing in evaluations for competence to stand trial (CST; n = 102) and criminal responsibility (CR; n = 96), as well as their opinions about the importance of psychological testing for these evaluations. The decision about how and when to use a test as part of a forensic assessment involves consideration of the relevance of the test to the legal question or to the psychological construct that underlies the legal issue. Participants will be able to: outline the steps of a competency evaluation; describe normal aging, depression, vascular dementia, dementia symptoms caused by other disease processes, Alzheimer s dementia, and Lewy body variant; explain the prognosis of each of the above and name relevant treatments (if any); choose appropriate tests for making a differential diagnosis. Social Security claimants exhibit poorer scores than workers compensation claimants who show poorer scores than personal injury claimants. The Wechsler Adult Intelligence Scale is one of the most widely-used psychological tests, and a staple in forensic psychological and neuropsychological evaluations. Mindful of this, our presentation has two foci: the first provides updated survey results regarding psychological/neuropsychological test usage among forensic psychologists. When psychological tests are applied to forensic matters, great care must be exercised in administration and interpretation. Cases involve women who were battered and raped. Participants will learn of factors that may reliably bias jurors before a trial, and will learn of a question battery that holds promise for assessing juror bias.--Edward Geiselman, Ph.D. is a professor in the Department of Psychology at UCLA. The act must also cause harm. Case law upholds the right of police agencies to conduct psychological testing. This is also true for the temporary insanity defense. As noted, testing is an important way to complement clinical data. Presenter utilized photographic slides and audio tapes. Particularly for psychologists, testing is associated with their professional identity and is part of their usual and customary practice. This presentation will illustrate, with entertaining case examples, the use of the validity scales of the Millon Clinical Multiaxial Inventory (MCMI) in conjunction with personality scale information to identify these two attitudes and understand their relationship with an even broader range of personality disorders. Psychologist are often called upon to evaluate the mental fitness of elderly individuals for the purposes of a competency hearing. The authors surveyed forensic psychologists and psychiatrists (about 80% of whom were board certified) regarding their use of psychological testing in evaluations for competence to stand trial (CST; n = 102) and criminal responsibility (CR; n = 96), as well as their opinions about the importance of psychological testing for these evaluations. Although the use of antisocial attitudes in various theories is well established, the measurement of such attitudes has not kept pace. Personal injury litigation involving, for example, auto accidents, wrongful termination, harassment and discrimination frequently involves claims for mental or emotional stress damages. 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. Information presented and discussed does not represent legal or psychological advice. This study was conducted to examine university student s attitudes toward the death penalty. Constraints based on time, economics and practitioner experience preclude routine administration of a broad neuropsychological battery. Emotional conditions can contribute to poor performance. Score interpretation is further complicated by the Flynn effect. It is generally accepted that as intelligence tests' norms age, they tend to produce slightly higher IQs. 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. Other surveys have reported on psychological test usage in varying types of forensic evaluations. The Bill of Rights calls for an impartial jury, yet few, if any, legal scholars believe jurors approach their duty as blank slates. Forensic psychologists are frequently called upon to conduct evaluations for competency to stand trial, insanity defense, or prediction of future dangerousness. 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. 10605. Neuropsychological impairment can occur following exposure to toxins. Previous research has indicated that adolescents of low intelligence are more likely to be found incompetent to stand trial (IST). Moreover, the low-IQ group was less able to assist in their defense (disclose crime facts, work with attorney, understand plea bargaining). The important variables of claimant versus defense versus neutral evaluations will be discussed. Errors, sloppy techniques, examiner "drift," and poor training often result in incorrect data collection. This phenomenon has come to be called the "Flynn effect," after the person who attempted to measure the rate at which it occurs. Individual differences in crimes, criminals, and circumstances justify the need for personalized sentences in each case. Ways in which visual materials can be developed using a simple personal computer are emphasized. These measures were found to predict verdicts and perceptions of legal responsibility across a range of mock trial tests. The Test of Memory Malingering, the Dot Counting Test, and the Wechsler Memory Scale-III Faces subtests are commonly used measures. Psychological screening of law enforcement candidates. These issues can be effectively evaluated using a large database of similar claims. 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. The purpose of this presentation is to aid forensic neuropsychologists to use data from their testing in conjunction with other methods. If an act is missing any one of these parts, then it is not considered a crime and cannot be judged by the same standards as a crime. Other states do it voluntarily. Ethical considerations related to the Atkins case will be addressed. 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. The initial reliability and validity of these instruments has been promising. Often, one test battery or scale, with several subtests, will replace the need for many individual tests. DISCLAIMER Page 2 Responses of the court, strengths and weaknesses of visual data presentation and new horizons for the forensic expert are discussed. Erotomanic delusions constitute a subtype of delusional disorder, and the disorder may at times involve a variety of behaviors considered to be harassment, including obsessional following, letter writing and telephone contact. Given today's technology in the field of forensic psychology, one can be confident in the expert opinion of a qualified forensic scientist. Current problems with standardized psychological tests, A major current problem in the field is the availability of test materials through the Internet. Nevertheless, courts may interpret IQ scores rigidly. Evaluating Low IQ Spanish speakers with Standardized Tests in Capital Cases: Clinical, Methodological, and Ethical Issues. Early language referenced notions such as “infancy” or reasoning capacity not far removed from that of a “wild beast” as potentially exculpating mental states. Two computerized neuropsychological tests used to screen forensic clients. Examples that have been presented in court are offered. Our second focus will be to analyze the texts of several different computer-generated personality assessment reports regarding adolescent and adult forensic psychological testing evaluations completed in our practice. In some child custody cases, we find deliberate misrepresentation of the computerized test reports of the parents, in order to "fit" the preconceived impressions of the psychologist. Measuring antisocial attitudes- method of assessment and scale version do count. The view that most patients become symptom free and resume work shortly following settlement of their claims is not supported. In addition, attitudes toward the juvenile death penalty, and the differences between "Witherspoon excludables" and "death-qualified" respondents were examined. The groups were equivalent on some factual elements (knowing charges and pleas of guilty versus not guilty, judge s and attorney s role) and rational elements of legal proceedings (understanding the charges severity and definition, proper behavior in court) and in their motivation to avoid incarceration. To summarize the findings, personality characteristics have produced limited reliability as predictors of juror sentiment and verdict. 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 recent release of the fourth edition, the WAIS-IV, brings substantial changes in test structure and in the conceptualization of IQ. In addition, personality variables have been found to be more reliable predictors of juror decisions when the case evidence is more equivocal ( close calls ). In this article, we review Flynn's evidence for his two WAIS-III IQ inflation theories. ), evaluator (name, qualifications, location of assessment), purpose of the evaluation and, if a criminal matter, what the defendant is alleged to have done. 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. Forensic assessments often hinge on facets of competency that go beyond general ability testing such as IQ. When conducting a forensic evaluation, what psychological tests do experts consider acceptable to use? Evaluations The FEU seeks to provide the Mecklenburg County Courts with scientifically, ethically, and legally sound forensic psychological evaluations, consultation, and other services related to psychology in order to assist the Courts in their task of properly administering justice. Finding only a few dollars, they drove him to an ATM, forced him to take out $200 and then shot him to death.The states interpretation of the Atkins v. Virginia decision has led to problems of implementation as noted by Widaman and Siperstein. 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. Psychologists can administer psychological instruments such as the MacArthur Competence Assessment Tool-Criminal Adjudication. A related problem is that of coaching by professionals who are familiar with the tests themselves. This presentation describes the common errors found in HRNTB administration, forensic testimony and even professional workshops. Our forensic psychologists are able to conduct psychological evaluations related to immigration proceedings. Nonstatistical comparison to the competency abilities of a reference group of 88 nonpsychotic, normal-IQ adult defendants is presented. Uses of databases will be taught. 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. 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. 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. Both forms of misuse must be controlled if we are to maintain credibility in the legal arena. The role of culture, potential errors in using existing standardized tests, limited language skills of the inmate, and the skill of the evaluator are all factors to be considered. In at least one case a plaintiff won a large settlement due to the police department's negligence in never requiring psychological evaluations of police candidates. Implications of the data for the assessment of juveniles CST and restoration of incompetent juveniles are discussed. Misuse of psychological tests in forensic settings, Introducing the wais-iv: conceptual and forensic considerations. psychology CD. Two notable exceptions are the development of the Criminal Sentiments Scale (CSS) and the Pride in Delinquency Scale (PID). In a forensic psychological assessment, the retaining party (often the court, an agency, or the attorney) is the client. Definitions of mental retardation overlap with definitions of other disorders, and dual diagnoses are common in people with mental retardation. Further, more "death qualified" respondents endorsed retribution as a viable reason to support the death penalty than did "Witherspoon excludables. Mental distress claims- testing the psychological tests. Without a proper and fair clinical evaluation, the use of MMPI-2 by itself is an unreliable tool for forensic evaluations that present serious legal consequences. Learn about the patterns of psychological test use among forensic psychologists; about computer-generated personality testing reports and about typical cross-examination questions regarding computer-generated personality assessment reports. 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. The proliferation of personal injury and workers' compensation litigation has created a need for psychiatrists and psychologists. One hundred and three male and ninety-nine female undergraduate students filled out a ten-page questionnaire assessing both directly and indirectly their attitudes toward the death penalty. 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. The past several decades have seen a major upswing in the development and use of psychological assessment instruments in forensic and correctional settings. Psychological testing in mental disability claims is useful and at times crucial in understanding the issues presented for adjudication. Recent literature by Hurley and Deal (2006) indicates that the TOMM and DCT may not be appropriate for individuals with low IQs. For example, the Wechsler Memory Scale is a battery of classic neuropsychological tests of memory, encoding and learning. 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. In other words, the basic common elements are a concurrence between the voluntary act (actus reus) and a culpable intent (mens rea). Special problems encountered by forensic psychologists in defending their findings in cross-examination will be addressed. 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. Deception in the process of psychological testing is expected in a forensic setting where the stakes are particularly high. ", Intentional and unintentional misuse of psychological tests, Need to consider clients' denial and complaint test-taking attitudes in assessment. Presentence evaluations are those assessments conducted prior to the sentencing stage of proceedings to assist the court in making an appropriate disposition. Variables of type of claim, sex, and age will be used for searches. Use of psychological tests to detect malingered intellectual impairment, Intentional misuse of standard psychological tests in complex trials. Exposure to toxins-- use of neuropsychological tests with other diagnostic techniques. At the same time, legal admissibility standards increasingly have stressed the importance of the reliability and validity of evidence in … Numerous examples will be presented, including mistakes we have made ourselves, Juror verdict predicted from a four-item Voir Dire question battery. This instrument helps the psychologist determine if the client understands the charges and trial process as well as her appreciation of relevance of … Exploratory and confirmatory studies identified four attitude variables that correlate with perceptions of fairness in the legal system and reasonable doubt. psychological testing might include traditional and more contemporary child custody assessment instruments in their evaluations. Benton Facial Recognitioin test scores-their effect on juror verdicts, Effect of claims of physical and sexual abuse on disability claims tests. Accurate interpretation of the Halstead-Reitan Neuropsychological Test Battery depends on accurate standardized administration. x��]Y�9r��[-��Ѻ{W�H[sx�5v��G2�WÆ�/3���>���]���&�GD���*��K���$�q~��e7B������/��8�������6�`���,��� +�A��4�ymow����.��~����׿^�ri�[�������_>�����sn��/���0���b����;3���v~������?�%�`���8���?�W����@�ZJL~�FeM���=ky���A�4z�;����;���j3Nw���ɓE8yw�?�����!||��ǿſO����_��&'����(����0������}�?�aR��=����z�a�s�\�O�Q�,��M�����T�|�cQ��w�翘]8������Oa{�e�2�9 c��uL��?_�j�V¢���FWF8�a��>�L�{�p�`@~��a5�t��< �+�kDxt�q�,m�v���܏6��+6J�-�%��� o�o2s�_N�� L��{�!���~�Ig9z:D�3rV�P��h����n4��?�3�t�#. 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. %PDF-1.3 To minimize the occurrence of deception generally, expert witnesses are advised to administer objective, validated personality inventories that utilize measures of test-taking behavior and validated interpretive data. Some assessments were adjusted so that only recidivism was what was being looked at, and predictive validity was noted. Psychological Science in the Public Interest (Volume 20, Number 3) Read the Full Text ( PDF, HTML) Psychological tests, tools, and instruments are widely used in legal contexts to help determine the outcome of legal cases. 5 0 obj A related problem is that of coaching by professionals who are familiar with the tests themselves. There are challenges in providing accurate assessment to those of low intelligence. Individual attitudes have a functional role in the majority of theories in explaining crime. Cognitive and neuropsychology have developed a plethora of tests to evaluate succeedingly purer facets of cognition. Psychological testing was perceived as either essential or recommended by approximately two thirds of the respondents for CR evaluations … 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. Claimant evaluations may differ from defense evaluation scores. However, it is often difficult to assess to what degree the impairment is due to exposure. It is based upon test results taken from populations of individuals with already determined psychiatric diagnoses and personality traits to enable psychologists to test a subject and assist in rendering a diagnosis. Test results differ based on the context of testing. Previous studies have described the characteristics of obsessional followers, only a subset of which are considered to have delusional disorder, but few studies include formal psychometric evaluation of such patients. Dr. Schutte is a bilingual psychologist in El Paso, Texas. 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. Misuse of psychological testing in custody cases. Psychological tests can be arcane and intricate, and often the reports of tests have an air of scientific certainty which they ill deserve. Although definitions and clinical diagnostic criteria are nearly uniform, these criteria can be difficult to apply in Atkins cases. Juror verdict predicted from a four-item voir-dire question battery. Millon proposed that persons with avoidant and self-defeating personality disorders tend to exaggerate psychological problems and less socially desirable characteristics while those with narcissistic, histrionic and compulsive styles show an opposite attitude, reluctantly disclosing personal information about themselves, minimizing symptoms and portraying themselves in a "socially virtuous" light. However, we have found many examples of misuse. 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. Testing, in theory, can improve the quality of forensic assessments, although data to establish this hypothesis are lacking. A flurry of mock-jury simulations and field studies of actual juries appeared throughout the 1970s, 1980s, and early 1990s in an attempt to isolate measures of a priori juror bias. Forensic evaluation is an important component in the work of the forensic psychologist, usually working as part of a team of investigators gathering and evaluating evidence before submitting it to the legal process.. 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. Eleven states mandate screening by statute. Both forensic psychology and neuropsychology are effective tools in helping to understand abnormal and normal behavior as it is relative to the legal criminal or civil system. We conclude that reducing WAIS-III full scale IQs for the "Flynn effect" is an unscientific practice, and provide some guidance for dealing with this phenomenon in court. Malingering detection- process approach; psychometric tests, Considerations in the use and interpretations of tests of malingering, Common errors using neuropsychological tests- avoiding consequent embarrassment in court. This is the foundation on which the temporary insanity defense and the insanity defense are built. Little, however, is known about the specific trial abilities and deficits of this population. 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. Available methods of assessing malingering mental retardation lack adequate validity. However, information on exactly what favoring the death penalty means is crucial to policy makers if the reasons are attributed to symbolic rather than instrumental or rational reasons. A psychologist may provide assessment of emotional damage. The trier of fact, including jury, is understandably naive in evaluating technical information such as psychological testing, and therefore a skilled rebuttal to "evidence" of disability can add significant advantage to the defense in mental disability claims arbitration. The recent release of the fourth edition, the WAIS-IV, brings substantial changes in test structure and in the conceptualization of IQ. 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. In short, it is a report for use in court proceedings that should clearly communicate psychological data, findings, and recommendations about 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. And as an expert witness question battery conducted prior to the sentencing stage of proceedings to assist court. Of juror sentiment and verdict forensic settings, Introducing the WAIS-IV, brings changes... Used for searches and sometimes essential component of forensic psychology can also include application. The death penalty than did `` Witherspoon excludables, juror psychological test use in criminal forensic evaluations predicted from a basis... Reports of tests to detect malingered intellectual impairment, Intentional misuse of psychological tests to detect intellectual! 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