PSYCHOLOGICAL TESTS IN COURT
AUTHOR SOURCE SELECTION ABSTRACT no date Misuse of psychological tests in forensic settings Hollida Wakefield MA psychology tape 2003 2009 Introducing the wais-iv: conceptual and forensic considerations James W. Schutte, Ph.D. psychology CD 10605 The Wechsler Adult Intelligence Scale is one of the most widely-used psychological tests, and a staple in forensic psychological and neuropsychological evaluations. The recent release of the fourth edition, the WAIS-IV, brings substantial changes in test structure and in the conceptualization of IQ. This presentation will discuss the changes in the WAIS-IV, compare this version of the test to its predecessor, and make recommendations for use of the WAIS-IV in forensic evaluations. 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. Dr. Schutte is a bilingual psychologist in El Paso, Texas. 2009 Challenges in implementing the Atkins decision J Gregory Olley PhD psychology journal 10779 In 1996, following a day of drinking Atkins and his accomplice, Jones drove to a convenience store near an air force basis, where they held up a pilot. 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. 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. Although definitions and clinical diagnostic criteria are nearly uniform, these criteria can be difficult to apply in Atkins cases. 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. 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. Score interpretation is further complicated by the Flynn effect. Nevertheless, courts may interpret IQ scores rigidly. Adaptive behavior must be assessed based on knowledge of community functioning, which can be difficult to obtain for incarcerated individuals. Definitions of mental retardation overlap with definitions of other disorders, and dual diagnoses are common in people with mental retardation. Available methods of assessing malingering mental retardation lack adequate validity. A satisfactory process for the diagnosis of mental retardation cannot be assured until these problems are resolved. 2008 Current problems with standardized psychological tests John Podboy PhD
Albert J Kastl PhD
psychology CD 10747 A major current problem in the field is the availability of test materials through the Internet. A related problem is that of coaching by professionals who are familiar with the tests themselves. 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. Attendees should be able to avoid the major pitfalls summarized in the discussion. Numerous examples will be presented, including mistakes we have made ourselves 2008 Juror verdict predicted from a four-item Voir Dire question battery R Edward Geiselman PhD
psychiatry journal 8105 The Bill of Rights calls for an impartial jury, yet few, if any, legal scholars believe jurors approach their duty as blank slates. 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. To summarize the findings, personality characteristics have produced limited reliability as predictors of juror sentiment and verdict. Instead, consideration of complex interactions between personality variables and case-specific factors seems to be required for adequately predicting juror verdict. In addition, personality variables have been found to be more reliable predictors of juror decisions when the case evidence is more equivocal ( close calls ). 2008 Current problems with standardized psychological tests Albert J. Kastl, Ph.D.
John W. Podboy, Ph.D.
psychology CD 10648 A major current problem in the field is the availability of test materials through the Internet. A related problem is that of coaching by professionals who are familiar with the tests themselves. 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. Attendees should be able to avoid the major pitfalls summarized in the discussion. 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. 2008 Using the TOMM, DCT, and WMS-III faces as indices of dissemblance among individuals with low IQ Telford Moore PhD psychology CD 10656 Addressing issues of effort and motivation in psychological evaluations is standard in forensic cases. The Test of Memory Malingering, the Dot Counting Test, and the Wechsler Memory Scale-III Faces subtests are commonly used measures. Recent literature by Hurley and Deal (2006) indicates that the TOMM and DCT may not be appropriate for individuals with low IQs. 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. For the last 16 years, he has conducted Social Security evaluations in many areas of rural California.
2008 Juror verdict predicted from a four-item voir-dire question battery Edward Geiselman, Ph.D., MS psychology CD 10665 The goal of this research was to isolate and confirm a small set of question items that could be used during voir dire to reflect a priori juror bias across a variety of cases. Exploratory and confirmatory studies identified four attitude variables that correlate with perceptions of fairness in the legal system and reasonable doubt. These measures were found to predict verdicts and perceptions of legal responsibility across a range of mock trial tests. 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. He serves as an expert witness in the field of eyewitness psychology and as an investigative interviewer on cold cases. 2007 Evaluating Low IQ Spanish speakers with Standardized Tests in Capital Cases: Clinical, Methodological, and Ethical Issues Ines Monguio, Ph.D.
Dan Close, Ph.D.
psychology CD 10369 Spanish speaking individuals are on the increase in the U.S. criminal justice system. There are challenges in providing accurate assessment to those of low intelligence. 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. Ethical considerations related to the Atkins case will be addressed. 2007 Update on Forensic Psychological Testing Timothy Michals MD
Steven Samuel PhD
psychiatry CD 10381 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. In addition to interview data and collateral information, surveys consistently report that psychological testing data are admissible, informative, and frequently utilized sources of information for forensic psychiatrists. Mindful of this, our presentation has two foci: the first provides updated survey results regarding psychological/neuropsychological test usage among forensic psychologists. 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. 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. Bromides for this scenario will be presented for discussion.- 2007 WAIS-III IQs of criminal defendants with a mental retardation claim should not be reduced for the Flynn Effect George Denkowski PhD
Kathryn Denkowski EdD
psychology journal 7012 It is generally accepted that as intelligence tests' norms age, they tend to produce slightly higher IQs. This phenomenon has come to be called the "Flynn effect," after the person who attempted to measure the rate at which it occurs. 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. 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. In this article, we review Flynn's evidence for his two WAIS-III IQ inflation theories. From a scientific perspective, we find that they are not supported by his data. 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. 2006 Forensic psychological testing with Hispanics: guidelines and caveats Jose LaCalle PhD
psychology CD 10738 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), Baterķa-R, Luria-Nebraska, Color Trails Test (CTT) will be evaluated as per standardization and validity with the multiple and diverse Hispanic population. Special problems encountered by forensic psychologists in defending their findings in cross-examination will be addressed. 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 2005 Differential diagnosis decisions related to dementia-using neuropsychological tests to make recommendations in competency hearings Kristine Jacquin PhD psychology journal 9009 no abstract 2002 Differential diagnosis decisions related to dementia - neuropsychological tests for recommendations in competency hearings Kristine M Jacquin PhD psychology tape 2020 The term dementia is used to refer to any progressive degenerative brain disease that impacts cognitive functions, especially memory. Psychologist are often called upon to evaluate the mental fitness of elderly individuals for the purposes of a competency hearing. 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. 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. 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. 2001 Deceptions in psychological testing Richard Lewak PhD psychiatry journal 452 Deception in the process of psychological testing is expected in a forensic setting where the stakes are particularly high. Attempts at deception can be conscious or unconscious, and they can be perpetrated by the individual being tested and by the expert witness. 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. 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. The validity scales of the MMPI-2, as well as the empirically validated interpretive data, have made the MMPI-2 an invaluable tool for forensic assessment and the minimization of deception. 2001 Benton Facial Recognitioin test scores-their effect on juror verdicts R Edward Geiselman PhD psychology journal 8190 no abstract 2000 Effect of claims of physical and sexual abuse on disability claims tests Dennis R. Pollack, PhD psychiatry tapes 1001 Up to 75 percent of individuals injured in compensable accidents fail to return to gainful employment two years after legal settlement. The view that most patients become symptom free and resume work shortly following settlement of their claims is not supported. 2000 Erotomanic delusion- a psychometric case study Jay Chrostowski PsyD psychiatry journal 463 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. These behaviors can result in severe psychosocial consequences for the victim of the follower. 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. 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. 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. 2000 Using MCMI-3 in forensic evaluations James W Schutte PhD psychology tape 1012 1999 Two computerized neuropsychological tests used to screen forensic clients David S. Nussbaum, PhD psychology tape 1207 Forensic assessments often hinge on facets of competency that go beyond general ability testing such as IQ. Cognitive and neuropsychology have developed a plethora of tests to evaluate succeedingly purer facets of cognition. Constraints based on time, economics and practitioner experience preclude routine administration of a broad neuropsychological battery. Computerized neuropsychological testing is an efficient approach to screening patients for intensive neuropsychological investigations. Use of MicroCog and the IVA will be presented. 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. 1999 Use of databases in forensic cases Dennis R. Pollack, PhD psychology tape 1215 Test results differ based on the context of testing. Social Security claimants exhibit poorer scores than workers compensation claimants who show poorer scores than personal injury claimants. Claimant evaluations may differ from defense evaluation scores. These issues can be effectively evaluated using a large database of similar claims. Uses of databases will be taught. The important variables of claimant versus defense versus neutral evaluations will be discussed. Variables of type of claim, sex, and age will be used for searches. Outcome predictions will be discussed. 1998 Competency to stand trial in low-IQ juveniles Geoffrey McKee PhD psychiatry journal 837 Previous research has indicated that adolescents of low intelligence are more likely to be found incompetent to stand trial (IST). Little, however, is known about the specific trial abilities and deficits of this population. This study of 108 juvenile felony defendants undergoing pretrial court-ordered evaluations compared the competency to stand trial (CST) abilities of nonpsychotic juveniles of low intelligence (borderline intellectual functioning and mental retardation) to juveniles of normal intelligence. 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. Moreover, the low-IQ group was less able to assist in their defense (disclose crime facts, work with attorney, understand plea bargaining). 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. Nonstatistical comparison to the competency abilities of a reference group of 88 nonpsychotic, normal-IQ adult defendants is presented. Implications of the data for the assessment of juveniles CST and restoration of incompetent juveniles are discussed. 1998 Measuring antisocial attitudes- method of assessment and scale version do count Roberto Di Fazio psychiatry journal 43 Individual attitudes have a functional role in the majority of theories in explaining crime. Although the use of antisocial attitudes in various theories is well established, the measurement of such attitudes has not kept pace. Two notable exceptions are the development of the Criminal Sentiments Scale (CSS) and the Pride in Delinquency Scale (PID). The initial reliability and validity of these instruments has been promising. 1998 False positive errors on selected tests of malingering Nancy Pachana
Kyle Boone PhD
Steven Ganzell PhD
psychology journal 5190 no abstract 1997 University students' attitudes and perceptions of the death penalty R Edward Geiselman PhD
psychology journal 442 Even with the present sample from a college population, the vast majority favored the death penalty. 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. Policy makers also should be aware that although the vast majority of Americans are in favor of the death penalty, it does not necessarily mean that the same Americans endorse the death penalty for juveniles or have extensive factual knowledge concerning the death penalty. This study was conducted to examine university student s attitudes toward the death penalty. In addition, attitudes toward the juvenile death penalty, and the differences between "Witherspoon excludables" and "death-qualified" respondents were examined. 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). 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. Results confirmed that more than half of the sample endorsed retribution as a basis for support of capital punishment. Further, more "death qualified" respondents endorsed retribution as a viable reason to support the death penalty than did "Witherspoon excludables." 1997 Intentional and unintentional misuse of psychological tests John Podby PhD
Albert Kastl PhD
psychology tape 1259 1996 Need to consider clients' denial and complaint test-taking attitudes in assessment Dr Pamela Collman psychology tape 1403 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. 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. 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. 1996 Standardized tests and violent behavior Maurice Ohayon MD psychiatry tapes 10001 no abstract at this time 1995 Differences in attitudes toward the temporary insanity defense and the insanity defense Cecelia Updike PhD psychology journal 772 The insanity defense provokes strong emotions in society. This is also true for the temporary insanity defense. Both types of the defense are greatly misunderstood and misinterpreted by the general public and some legal and mental health professionals. In traditional terms, a crime must consist of three parts including: a guilty mind, an act, and a punishment (1). In other words, the basic common elements are a concurrence between the voluntary act (actus reus) and a culpable intent (mens rea). The act must also cause harm. 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. The insane, whether temporarily or otherwise, are thought to be missing culpable intent when they commit an illegal act. This is the foundation on which the temporary insanity defense and the insanity defense are built. 1995 Malingering detection- process approach; psychometric tests Linda Gummow PhD psychology tape 1359 no abstract at this time 1995 Considerations in the use and interpretations of tests of malingering Kucharski LT psychology tape 1464 no abstract at this time 1994 Common errors using neuropsychological tests- avoiding consequent embarrassment in court Scott Sindelar PhD psychology tape 10060 Accurate interpretation of the Halstead-Reitan Neuropsychological Test Battery depends on accurate standardized administration. Errors, sloppy techniques, examiner "drift," and poor training often result in incorrect data collection. 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. This presentation describes the common errors found in HRNTB administration, forensic testimony and even professional workshops. Correct procedures are demonstrated or presented. Primary focus is on the Aphasia Screening Examination and the Sensory-Perceptual Examination. 1994 Exposure to toxins-- use of neuropsychological tests with other diagnostic techniques Donna Veraldi PhD psychology tape 10099 Neuropsychological impairment can occur following exposure to toxins. However, it is often difficult to assess to what degree the impairment is due to exposure. A history of head trauma or alcohol abuse can cause impairment or can attenuate response to toxic exposure. Degenerative neurologic diseases might be present. Emotional conditions can contribute to poor performance. The purpose of this presentation is to aid forensic neuropsychologists to use data from their testing in conjunction with other methods. 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. 1994 Use of psychological tests to detect malingered intellectual impairment Michael Morrison PhD psychology journal 8158 no abstract 1993 Intentional misuse of standard psychological tests in complex trials John Podboy PhD
Albert J Kastl PhD
psychology journal 5215 The field of psychological assessment emerged in academic and clinical settings. When psychological tests are applied to forensic matters, great care must be exercised in administration and interpretation. However, we have found many examples of misuse. 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. The intentional misuse of tests is even more distressing. 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. 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. In certain capital punishment cases, practitioners verbally agree to discover some level of psychopathology. Both forms of misuse must be controlled if we are to maintain credibility in the legal arena. 1993 Intentional misuse of standard psychological tests in complex trials John Podboy PhD
Albert Kastl PhD
psychology tape 1991 The field of psychological assessment emerged in academic and clinical settings. When psychological tests are applied to forensic matters, great care must be exercised in administration and interpretation. However, we have found many examples of misuse. 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. The intentional misuse of tests is even more distressing. 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. 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. In certain capital punishment cases, practitioners verbally agree to discover some level of psychopathology. Both forms of misuse must be controlled if we are to maintain credibility in the legal arena. 1991 Presentations of psychometric data in court Linda Gummow PhD psychology tape 1855 Ways in which visual materials can be developed using a simple personal computer are emphasized. Examples that have been presented in court are offered. Responses of the court, strengths and weaknesses of visual data presentation and new horizons for the forensic expert are discussed. 1990 Mental distress claims- testing the psychological tests Eric Marcus MD psychiatry journal 5226 The proliferation of personal injury and workers' compensation litigation has created a need for psychiatrists and psychologists. Personal injury litigation involving, for example, auto accidents, wrongful termination, harassment and discrimination frequently involves claims for mental or emotional stress damages. Psychological testing in mental disability claims is useful and at times crucial in understanding the issues presented for adjudication. Psychological tests can be arcane and intricate, and often the reports of tests have an air of scientific certainty which they ill deserve. 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. 1989 Misuse of psychological testing in custody cases John P DiBacco PhD psychology tape 10076 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. 1988 Forensic hypnosis, memory recall related to rape and battery cases Jack S Annon PhD psychology tape 10269 Hypnotic induction was employed in three cases in order to refresh the victim's memory for specific past events. Cases involve women who were battered and raped. Presenter utilized photographic slides and audio tapes. 1987 Psychological screening of law enforcement candidates BJ Hartman PhD, JD psychology journal 5119 Eleven states mandate screening by statute. Other states do it voluntarily. Case law upholds the right of police agencies to conduct psychological testing. 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. Tests, interview behavior format discussed.