Thursday, June 27, 2013

REGISTRATION OPEN - Multi-Track Federal Criminal Defense Seminar, August 8-10, 2013, Buffalo, NY


Registration is now open to federal defender staff and CJA Panel attorneys for the FY 2013 Multi-Track Federal Criminal Defense Seminar being held August 8-10, 2013 in Buffalo, NY.  As with all of our training programs, there is no registration fee.  The program will begin Thursday morning, August 8th and end by mid-afternoon on Saturday, August 10th.  A limited amount of financial assistance is available to qualifying CJA panel attorneys to cover a portion of travel costs.  

The Multi-Track Seminar offers in-depth instruction in a variety of areas of federal criminal practice.  This year the tracks will be:


       Forensics, including, among other topics, an Overview of the Law Since the NAS Report; DNA for Dummies; Ballistics; Toolmark Evidence; Arson; Reading the Medical Examiner's Report; Eyewitness Identification; and Hair and Fiber Evidence.


       Mental Health and Mitigation, which will cover identifying, developing, and understanding mental health and mitigation, including relevant changes in "to-be published" DSM-5 that practitioners may encounter in their practice, and with an emphasis on the importance of  mental health symptoms and history, all of which are critical to the effective representation of clients throughout a case.


       Digital Age Litigation - What Do All the Advances Mean?  - which will focus on the digital aspects of federal criminal litigation, including GPS, pinging, Fouth Amendment issues, and electronically stored information.


       Fundamentals of a Federal Criminal Case, which is designed as an overview for new (and not so new) federal CJA practitioners; this program addresses topics that are essential to defending clients in federal criminal cases, including the basics of working up a federal criminal case, release issues, sentencing guidelines, and beyond.


A flyer about the program is attached.  For questions about the substance of the seminar, please contact Frank Draper at Frank_Draper@ao.courts.gov; for questions about logistics, please contact Jenna Shepard at Jenna_Shepard@ao.uscourts.gov.



Karen Holsendorff

Meeting Manager


Tuesday, June 25, 2013

Factor structure of the WAIS-IV/WMS-IV: A CHC interpretation

A nice cross-battery CFA of the WAIS-IV and WMS-IV. Also, this article provides a nice historical overview of the changes of the two linked batteries over time. [Click on images to enlarge].

I would put a CHC theory spin on the validated factors. Verbal Comp = Gc; Perceptual Reasoning (Gf/Gv blend); Working Memory (Gsm...or what I know think should be labeled Gwm); Processing Speed (Gs), and Delayed Memory (Glr).











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Cyberfaking: I Can, So I Will? Intentions to Fake in Online Psychological Testing [feedly]


 
 
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Cyberfaking: I Can, So I Will? Intentions to Fake in Online Psychological Testing
Title: Cyberfaking: I Can, So I Will? Intentions to Fake in Online Psychological Testing
Author(s): Grieve, Rachel; Elliott, Jade
Source: CYBERPSYCHOLOGY BEHAVIOR AND SOCIAL NETWORKING, 16 (5): 364-369 MAY 2013
IDS#: 152UX. ISSN: 2152-2715


Friday, June 21, 2013

Wechsler Abbreviated Scale of Intelligence, 2nd edition (WASI-II) [feedly]


 
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Wechsler Abbreviated Scale of Intelligence, 2nd edition (WASI-II)
Title: Wechsler Abbreviated Scale of Intelligence, 2nd edition (WASI-II)
Author(s): McCrimmon, Adam W.; Smith, Amanda D.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (3): 337-341 JUN 2013
IDS#: 149UL. ISSN: 0734-2829

Technical and Practical Issues in the Structure and Clinical Invariance of the Wechsler Scales: A Rejoinder to Commentaries [feedly]


 
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Technical and Practical Issues in the Structure and Clinical Invariance of the Wechsler Scales: A Rejoinder to Commentaries
Title: Technical and Practical Issues in the Structure and Clinical Invariance of the Wechsler Scales: A Rejoinder to Commentaries
Author(s): Weiss, Lawrence G.; Keith, Timothy Z.; Zhu, Jianjun; et al.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 235-243 APR 2013
IDS#: 149UK. ISSN: 0734-2829

Intelligent Testing With Wechsler's Fourth Editions: Perspectives on the Weiss et al. Studies and the Eight Commentaries [feedly]


 
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Intelligent Testing With Wechsler's Fourth Editions: Perspectives on the Weiss et al. Studies and the Eight Commentaries
Title: Intelligent Testing With Wechsler's Fourth Editions: Perspectives on the Weiss et al. Studies and the Eight Commentaries
Author(s): Kaufman, Alan S.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 224-234 APR 2013
IDS#: 149UK. ISSN: 0734-2829

Broad and Narrow CHC Abilities Measured and Not Measured by the Wechsler Scales: Moving Beyond Within-Battery Factor Analysis [feedly]


 
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Broad and Narrow CHC Abilities Measured and Not Measured by the Wechsler Scales: Moving Beyond Within-Battery Factor Analysis
Title: Broad and Narrow CHC Abilities Measured and Not Measured by the Wechsler Scales: Moving Beyond Within-Battery Factor Analysis
Author(s): Flanagan, Dawn P.; Alfonso, Vincent C.; Reynolds, Matthew R.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 202-223 APR 2013
IDS#: 149UK. ISSN: 0734-2829


A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically? [feedly]


 
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A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Title: A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Author(s): Schwartz, David M.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 175-185 APR 2013
IDS#: 149UK. ISSN: 0734-2829

What If We Took Our Models Seriously? Estimating Latent Scores in Individuals [feedly]


 
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What If We Took Our Models Seriously? Estimating Latent Scores in Individuals
Title: What If We Took Our Models Seriously? Estimating Latent Scores in Individuals
Author(s): Schneider, W. Joel
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 186-201 APR 2013
IDS#: 149UK. ISSN: 0734-2829


A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically? [feedly]


 
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A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Title: A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Author(s): Schwartz, David M.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 175-185 APR 2013
IDS#: 149UK. ISSN: 0734-2829

Theory and Research: The Nexus of Clinical Inference [feedly]


 
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Theory and Research: The Nexus of Clinical Inference
Title: Theory and Research: The Nexus of Clinical Inference
Author(s): Claeys, Joseph
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 170-174 APR 2013
IDS#: 149UK. ISSN: 0734-2829


WAIS-IV and WISC-IV Structural Validity: Alternate Methods, Alternate Results. Commentary on Weiss et al. (2013a) and Weiss et al. (2013b) [feedly]


 
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WAIS-IV and WISC-IV Structural Validity: Alternate Methods, Alternate Results. Commentary on Weiss et al. (2013a) and Weiss et al. (2013b)
Title: WAIS-IV and WISC-IV Structural Validity: Alternate Methods, Alternate Results. Commentary on Weiss et al. (2013a) and Weiss et al. (2013b)
Author(s): Canivez, Gary L.; Kush, Joseph C.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 157-169 APR 2013
IDS#: 149UK. ISSN: 0734-2829


Theoretical Convergence in Assessment of Cognition [feedly]


 
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Theoretical Convergence in Assessment of Cognition
Title: Theoretical Convergence in Assessment of Cognition
Author(s): Bowden, Stephen C.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 148-156 APR 2013
IDS#: 149UK. ISSN: 0734-2829


Measuring Components of Intelligence: Mission Impossible? [feedly]


 
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Measuring Components of Intelligence: Mission Impossible?
Title: Measuring Components of Intelligence: Mission Impossible?
Author(s): Gregoire, Jacques
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 138-147 APR 2013
IDS#: 149UK. ISSN: 0734-2829


The Science of Intelligence Testing: Commentary on the Evolving Nature of Interpretations of the Wechsler Scales [feedly]


 
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The Science of Intelligence Testing: Commentary on the Evolving Nature of Interpretations of the Wechsler Scales
Title: The Science of Intelligence Testing: Commentary on the Evolving Nature of Interpretations of the Wechsler Scales
Author(s): Goldstein, Sam
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 132-137 APR 2013
IDS#: 149UK. ISSN: 0734-2829


WISC-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches [feedly]


 
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WISC-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Title: WISC-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Author(s): Weiss, Lawrence G.; Keith, Timothy Z.; Zhu, Jianjun; et al.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 114-131 APR 2013
IDS#: 149UK. ISSN: 0734-2829

WAIS-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches [feedly]


 
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WAIS-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Title: WAIS-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Author(s): Weiss, Lawrence G.; Keith, Timothy Z.; Zhu, Jianjun; et al.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 94-113 APR 2013
IDS#: 149UK. ISSN: 0734-2829


Tuesday, June 18, 2013

Texas Court Affirms That Former Death Row Inmate Has Been Held for 33 Years With No Conviction [feedly]


 
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Texas Court Affirms That Former Death Row Inmate Has Been Held for 33 Years With No Conviction

On June 12, the Texas Court of Criminal Appeals (CCA) held that former death row inmate Jerry Hartfield has been held in prison for 33 years despite having no valid conviction. The court concluded: "The status of the judgment of conviction is that Petitioner is under no conviction or sentence." Hartfield, an illiterate man with an IQ of 51, had his capital conviction overturned by the same court in 1980 because his trial jury was improperly selected. The court ordered a new trial for Hartfield, but that trial was never held. In 1983, then-Governor Mark White attempted to commute Hartfield's death sentence to life, but the CCA's recent ruling said the commutation was invalid because Hartfield had no conviction and hence, no sentence. He has remained in prison--not convicted of any crime--the entire time. The CCA's ruling was prompted by a request from the U.S. Court of Appeals for the Fifth Circuit, which is considering Hartfield's petition for release through habeas corpus. The 5th Circuit called Texas's defense of the unlawful incarceration "disturbingly unprofessional." Texas has indicated it may attempt to retry Hartfield, but that decision would likely be challenged as a violation of his constitutional right to a speedy trial.

Hartfield is now 57. He was originally convicted and sentenced to death for the 1976 robbery and killing of a bus station employee.

("Court: Texas inmate's decades-old sentence invalid," Associated Press, June 12, 2013; Hartfield v. Thaler, No. AP-76,926, CCA, June 12, 2013). See Innocence.



"The Impact of Neuroimages in the Sentencing Phase of Capital Trials" [feedly]


  
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"The Impact of Neuroimages in the Sentencing Phase of Capital Trials"
Recently posted to SSRN (and forthcoming in the Journal of Empirical Legal Studies): "The Impact of Neuroimages in the Sentencing Phase of Capital Trials" Michael J. Saks , Arizona State University (ASU) - Sandra Day O'Connor College of Law; N....


Monday, June 17, 2013

A critical review of Dr. James Flynn's "Are we getting smarter?" book


Dr. James Flynn  recently published a new book entitled "Are we getting smarter?", where he continues to outline his theoretical explanation for the systematic increase in average IQ scores over time due to IQ test norm obsolescence  (a.k.a., the Flynn Effect - click here to visit the Flynn Effect Archive Project).

Although an appealing theoretical explanation, his theory has not meet with universal acclaim, particularly regarding the underlying research methodology and logic that is the foundation of his theory.  In a new APA PsycCITIQUES review of Flynn's new ook, Kaufman, Dillon and Kirsch (2013) present a rather scathing critique of the book ("A beautiful theory, killed by a nasty, ugly little fact").

One of Kaufman et al.'s (2013) multiple criticisms is Flynn's failure to mention an important special issue of the Journal of Psychoeducational Assessment (JPA) re: the Flynn Effect.  In this JPA issue a number of scholars (myself included; McGrew, 2010) provided a number of methodological, theoretical, and logical criticisms of the major data analytic and logical linchipins of Dr. Flynn's theory.  Yet, in his new book he  ignores the critical articles in the JPA special  issue.  Kaufman et al.'s review is a recommended reading for scholars who seek to understand the Flynn Effect and who also seek to appropriately evaluate the strengths and limitations of Flynn's theory.

Error in Dr. James Flynn's (2009) WAIS-IV norming date: Quest blog post by Dr. Dale Watson



This is a guest blog post by Dr. Dale Watson.  The opinions expressed do not necessarily reflect the official position of the ICDP blog or the blogmaster.  However, it is of interest to note that the error Dr. James Flynn (2009) made in reporting the WAIS-IV norming date (here reported by Dr. Dale Watson) is true, and was also in a published review that I received a few days after I received Dr. Watson's guest post.  This second verification source (Kaufman, Dillon, & Kirsch, 2013) will be the subject of my next post.

Dr. Dale Watson's guest post 





In an article entitled, The WAIS-III and WAIS-IV: Daubert motions favor the certainly false over the approximately true, Dr. James Flynn analyzed data from a number of IQ tests, including the WAIS-R, WAIS-III, and WAIS-IV to estimate the rate of the “Flynn Effect” on the Wechsler scales in the U.S. over time.[i] He concluded, as have others, that in order to account for the obsolescence of aging IQ test norms, a “Flynn Effect” adjustment of 0.30 points per year from the date of a tests norming should be applied to the obtained IQ test scores (Flynn, 2009; Fletcher et al., 2010). For example, if the WAIS-III (normed in 1995) was administered to an individual in 2005, the obtained IQ should be downwardly adjusted by 0.30 x 10 or 3.0 points. Thus, an obtained IQ score of 72 would result in a Flynn-adjusted score of 69. Such adjustments have been recommended for use in Atkins evaluations (Flynn, 2009; Gresham & Reschly, 2011; cf Hagen et al., 2010).[ii]

Flynn compared the IQ scores obtained on the WAIS-III and the WAIS-IV in a sample of 240 examinees reported in the Technical and Interpretive Manual for the WAIS-IV (2008).[iii] The Technical Manual reported that the mean IQs differed by 2.9 points with the sample mean for the WAIS-IV being 100 and for the WAIS-III 102.9 (Wechsler, 2008, p. 75). However, because these IQ scores were calculated using different combinations of subtests, Flynn re-calculated the IQ scores utilizing the same combination of 11 subtest scores used on the WAIS-III to calculate the IQs. Flynn (2009) noted, “The list of subtests used to compute Full Scale IQ had not only changed, but had dropped from 11 to 10. But, once again, they gave the comparison group all 11 of the old WAIS-III subtests, and once again that was fortunate because it meant that the true obsolescence of the WAIS-III could be measured. I calculated the total standard score the group got on the same 11 WAIS-III and WAIS-IV subtests. Using the totals and the WAIS-III conversion table, I calculated Full Scale IQs for the two tests” (p. 102). 

In examining Flynn’s Table 2, it appears that these calculations included scores for the Picture Arrangement subtest for both the WAIS-III and WAIS-IV. However, the Picture Arrangement subtest is not included in the WAIS-IV so it is quite unclear how this calculation was performed. Moreover, there is a footnote to this table indicating that the “WAIS-IV estimate is eccentric in carrying over WISC-III subtests (and scoring vs. the WAIS-III tables)…” but the meaning of this statement is also uncertain. In addition, substitution of the Symbol Search subtest for Picture Arrangement appears to yield very similar results.

In any case, the point of this note is not to recalculate Flynn’s estimates but rather to point out what appears to be a discrepancy between WAIS-IV norming date provided by Flynn and that found in the Technical and Interpretive Manual for the WAIS-IV. Flynn indicated that the WAIS-IV was normed in 2006 (Table 1) whereas the Manual reported, “The WAIS-IV normative data was established using a sample collected from March 2007 to April 2008.” [iv] If we use 2007 as the mid-point norming date, the time between the norming of the WAIS-III and WAIS-IV is 12 years and not 11 as provided by Flynn. Using the Flynn 2006 date resulted in a calculated Flynn Effect between the WAIS-III and WAIS-IV of 0.306 points per year (+3.37 / 11 years). Using the norming date provided in the manual resulted in a calculated score of 0.281 points per year (+3.37 / 12 years). It is understood that this discrepancy of just 0.025 points is of little practical significance but it should be noted nonetheless. Moreover, the metaphorical splitting of hairs is not uncommon when discussing the Flynn Effect. Hagan et al. (2010) asserted, “Decades of FE research and testimony… depict the amount of this shift as a moving target. For example, Flynn (1998) once identified the annual shift as 0.25 rather than 0.30, but later testified in Ex Parte Eric Dewayne Cathey (2010) that 0.29 would be appropriate. Schalock et al. (2010) have called for an annual adjustment of 0.33” pp. 1-2.[v] Flynn has acknowledged that the results reported in his report are estimates for the Wechsler scales, writing, “It is quite possible that the rate of gain on Wechsler tests is 0.275 or 0.325 points per year” (Flynn, 2009, p. 104). The recalculation noted here is consistent with this judgment. Further, the weight of the available evidence, including that of a recent meta-analysis, continues to support the Flynn Effect adjustment of 0.3 points per year.[vi]



[i] Flynn, J. R. (2009). The WAIS-III and WAIS-IV: Daubert motions favor the certainly false over the approximately true. Applied Neuropsychology, 16(2), 98-104. doi: 10.1080/09084280902864360
[ii] Gresham, F. M., & Reschly, D. J. (2011). Standard of practice and Flynn Effect testimony in death penalty cases. Intellectual and Developmental Disabilities, 49(3), 131-140. doi: 10.1352/1934-9556-49.3.131
[iii] Wechsler, D. (2008). Wechsler Adult Intelligence Scale: Technical and interpretive manual (4th ed.). San Antonio, TX: Pearson.
[iv] Id., p. 22.
[v] Hagan, L. D., Drogin, E. Y., & Guilmette, T. J. (2010). IQ scores should not be adjusted for the Flynn Effect in capital punishment cases. Journal of Psychoeducational Assessment, 28(5), 474-476. doi: 10.1177/0734282910373343
[vi] Fletcher, J. M., Stuebing, K. K., & Hughes, L. C. (2010). IQ scores should be corrected for the Flynn Effect in high-stakes decisions. Journal of Psychoeducational Assessment, 28(5), 469-473. doi: 10.1177/0734282910373341

Top-Ten Recent SSRN Downloads [feedly]


 
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 379 Background Checks and Murder Rates Clayton E. Cramer, College of Western Idaho, Date posted to database: April 12, 2013 [2nd last week] 2 219...