Intellectual and developmental disabilities and the criminal justice system. - PsycNET

https://psycnet.apa.org/record/2020-80415-012

Citation
Olley, J. G., & Cox, A. W. (2021). Intellectual and developmental disabilities and the criminal justice system. In L. M. Glidden, L. Abbeduto, L. L. McIntyre, & M. J. Tassé (Eds.), APA handbooks in psychology® series. APA handbook of intellectual and developmental disabilities: Clinical and educational implications: Prevention, intervention, and treatment (p. 299–331). American Psychological Association. https://doi.org/10.1037/0000195-012

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Abstract
Research and clinical practice related to people with intellectual and developmental disabilities (IDD) and the criminal justice system have grown remarkably in the past 30 years. This chapter addresses the literature on intellectual disability (ID), with mention of autism spectrum disorder (ASD) where research exists. It builds upon these and other reviews and focuses on the more recent empirical literature. Children and adults with IDD may encounter the criminal justice system in one or more of several ways. The joint Position Statement on the Criminal Justice System by the Arc of the United States and the American Association on Intellectual and Developmental Disabilities (The Arc, 2018) currently identifies the following five: people with ID as victims, witnesses, suspects, defendants, and incarcerated individuals. The chapter reviews the published clinical and research literature on people with IDD in each of these roles, beginning with a historical perspective. (PsycInfo Database Record (c) 2020 APA, all rights reserved)

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Kevin S. McGrew,  PhD
Educational Psychologist
Director
Institute for Applied Psychometrics (IAP)
www.themindhub.com
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Theories and measurement of intelligence. - PsycNET

https://psycnet.apa.org/record/2020-80416-015

Citation
Floyd, R. G., Farmer, R. L., Schneider, W. J., & McGrew, K. S. (2021). Theories and measurement of intelligence. In L. M. Glidden, L. Abbeduto, L. L. McIntyre, & M. J. Tassé (Eds.), APA handbooks in psychology®. APA handbook of intellectual and developmental disabilities: Foundations (p. 385–424). American Psychological Association. https://doi.org/10.1037/0000194-015

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Abstract
Advancements in the measurement of intellectual functioning via individually administered intelligence tests during the early 1900s led to reliance on IQs to represent the deficits in intellectual functioning during the past century. Concurrent development of models of intelligence also advanced understanding and measurement of intellectual functioning, and the current consensus is that intellectual functioning is best represented by a latent ability referred to as general intelligence (or psychometric g), as well as numerous broad and narrow abilities. As a result of these developments, the practice of identification of persons with intellectual disability (ID) is now based on a stronger scientific foundation. This chapter discusses three models of intelligence and reviews the genetic and environmental influences on intellectual functioning across the population, and persons with ID in particular. It culminates with a description of best practices and emerging methods in the assessment of intellectual functioning. (PsycInfo Database Record (c) 2020 APA, all rights reserved)

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Kevin S. McGrew,  PhD
Educational Psychologist
Director
Institute for Applied Psychometrics (IAP)
www.themindhub.com
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Lawyers to GA Supreme Court: Overturn intellectual disability standard

https://www.ajc.com/news/georgia-news/high-court-to-be-asked-to-overturn-intellectual-disability-threshold/ZB6RYRIDFBCVHAEPYSZI7L7TCU/

Atkins Law Review Article: Race, Intellectual Disability, and Death: An Empirical Inquiry Into Invidious Influences on Atkins Determinations (Johnson et al., 2020)

Race, Intellectual Disability, and Death: An Empirical Inquiry Into Invidious Influences on Atkins Determinations (2020).  UCLA Law Review.  Sheri Lynn Johnson, John H. Blume, Amelia Courtney Hritz, &Caisa Elizabeth Royer

Link

ABSTRACT

 
In Atkins v. Virginia,the U.S. Supreme Court held that the execution of a person with intellectual
disability violates the Eighth Amendment's Cruel and Unusual Punishment Clause. After more than a decade of Atkins litigation, we perceived there to be a substantial risk that race influences intellectual disability-and consequently, life and death-determinations. Due to the difficulty of demonstrating the influence of race in a particular case, we decided to investigate its potential effects in a controlled experiment. We did so by manipulating race in three different ways and by presenting cases with both strong and ambiguous evidence of intellectual disability. We found statistically significant race effects when we showed the face of the defendant and when the evidence of intellectual disability we provided was ambiguous. The influence of race was more pronounced when we limited our sample to white mock jurors. Even with a relatively weak manipulation, the size of the race effect is substantial. We also discovered that many participants weighed the facts of the criminal case and the consequences of their decision (death penalty eligibility), even though it was not relevant to the determination of whether the claimant was (or was not) a person with intellectual disability. These findings shed light on why claims of intellectual disability almostnever succeed before juries: death-qualified jurors may not make the diagnostic determination based on the evidence, but instead likely upon their own assessment of death-worthiness.

Atkins article: Determining Intellectual Disability in Death Penalty Cases: A State-by-State Analysis (2020). Jennifer LaPrade & John L. Worrall

Determining Intellectual Disability in Death Penalty Cases: A State-by-State Analysis.  Jennifer LaPrade
John L. Worrall, 2020.

Journal of Criminal Justice and Law: Official
Journal of the Law and Public Policy Section
of the Academy of Criminal Justice Sciences
Volume 3, Issue 2, pp. 1-28 (2020)

Link.

Abstract

In Moore v. Texas (2017), the U.S. Supreme Court ruled that Texas death penalty definitions of intellectual disability were inadequate because they strayed too far from clinical definitions. This study examines how each state defines intellectual disability with regard to death penalty eligibility. It reveals a wide variation in the standards used by states, with no clear consensus on definitions of intellectual disability or who should measure it. Variations pertain to age at onset, proof of intellectual disability status at the time of the crime, burden of proof required to make the intellectual disability determination, and who makes the final decision. Implications and suggestions for the future are discussed.

Atkins article: "Man is opposed to fair play": An empirical analysis of how the Fifth Circuit has failed to take seriosly Atkins v Virginia - Perlin et al (2020)

'Man is Opposed to Fair Play': An Empirical Analysis of How the Fifth Circuit Has Failed to Take Seriously Atkins v. Virginia.  Perlin, Harmon & Wetzel

Revised: 9 Dec 2020

 

Link.

Atkins ID after Moore V Texas Redux article - 2029

I'm trying to clean up my "to post" inbox.  I may have already shared this recent article.  If not, here it is.

Evaluating Intellectual Disability after the Moore v. Texas Redux

Alexander H. Updegrove, PhD, and Michael S. Vaughn, PhD

This article reviews the history of the U.S. Supreme Court's rulings on intellectual disability in capital cases, highlighting the difficulty states have had in devising a workable definition that meets constitu-tional standards. The Court's decisions in Penry v. Lynaugh (1989), Atkins v. Virginia (2002), and Hall v. Florida (2014) are briefly summarized. Next, the Texas Court of Criminal Appeals' ruling in Ex parte Briseno (2004) is discussed as a prelude to the Supreme Court's decision in Moore v. Texas I (2017). On remand, the Texas Court of Criminal Appeals interpreted the Supreme Court's Moore I ruling in a manner that resulted in finding Mr. Moore intellectually able, and therefore eligible for the death penalty, in Ex parte Moore II (2018). Finally, the importance of the Supreme Court's most recent ruling on intellectual disability in capital cases, Moore v. Texas II (2019), is explored in depth. The article concludes with recommendations for best practices among forensic evaluators who assess capital defendants for intellectual disability

http://jaapl.org/content/early/2019/09/18/JAAPL.003884-19.abstract

Atkins ID Death Penalty Court Decision: Texas High court stays execution of man with ID...1 week before he was set to die

Copy of story below.

Texas' top criminal court halted a man's execution Wednesday, exactly 1 week before he was scheduled to die.

Lawyers for Edward Busby, 48, had appealed to the Texas Court of Criminal Appeals, arguing Busby's execution would be illegal because he is mentally disabled, the Marshall Project reported.

Busby was convicted of killing Laura Crane, 77, in January 2004 by stuffing her in a car trunk and duct taping her mouth shut, resulting in her suffocating to death.  Crane, a retired professor at Texas Christian University, was abducted in Fort Worth and police found her body in Oklahoma.

Busby's prior appeals were rejected, according to court documents obtained by the Marshall Project, but his last ditch appeal for a stay was granted. Busby's intellectual disability claim will be reviewed by a lower court. Texas executed 3 people in 2020 and 9 people in 2019. The state has yet to execute anyone in 2021.

Busby's execution was previously set for May 6, 2020, but was rescheduled because of the coronavirus pandemic. It was planned for Feb. 10 until Wednesday's court ruling.

The IOP-29 and the IOP-M: New Generation Symptom and Performance Validity Tests for Malingering Evaluations – Workshop O 3.5 CE Credits

 The IOP-29 and the IOP-M: New Generation Symptom and Performance Validity Tests for Malingering Evaluations – Workshop O 3.5 CE Credits 
https://spa-convention.org/2021/01/20/the-iop-29-and-the-iop-m-new-generation-symptom-and-performance-validity-tests-for-malingering-evaluations-workshop-o/

Workshop Information:
The Inventory of Problems-29 (IOP-29; Viglione, Giromini & Landis, 2017) is a new, brief, self-report measure designed to assist practitioners evaluating the credibility of various symptom presentations, including those related to (1) depression/anxiety, (2) psychosis/schizophrenia, (3) post-traumatic reactions, and (4) neuropsychological/intellectual dysfunction. It is comprised of 29 items, administered via classic, paper-and-pencil format, or online, using a tablet or a PC. By analyzing the responses to each of these 29 items, a logistic regression-derived formula generates the False Disorder Probability Score (FDS), a probability value reflecting the likelihood of drawing that specific IOP-29 from a group of experimental feigners versus a group of bona fide patients. Based on emerging research attesting to the utility of combining symptom validity with performance validity measures a new "add-on" feature of the IOP-29 has recently been developed. Named "IOP-M," its purpose is to detect malingered memory deficits. This half-day workshop will describe the research foundation for the IOP-29 and IOP-M in malingering evaluations and will present guidelines for their use in applied practice. Together, these two brief tests, each taking five to ten minutes, provide the most efficient symptom and performance measure for the busy practitioner. No prior experience with the IOP instruments is required.

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Kevin S. McGrew, PhD
Educational & School Psychologist
Director
Institute for Applied Psychometrics (IAP)
https://www.themindhub.com
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New Burros MMY

https://www.nebraskapress.unl.edu/buros-center-for-testing/9780910674683/


Sent from my iPhone

James R. Flynn, Who Found We Are Getting Smarter, Dies at 86

James R. Flynn, Who Found We Are Getting Smarter, Dies at 86
https://flip.it/HQ6wrM

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Kevin S. McGrew, PhD
Educational & School Psychologist
Director
Institute for Applied Psychometrics (IAP)
https://www.themindhub.com
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The secular trend of intelligence test scores in the present century: The Danish experience - ScienceDirect

 The secular trend of intelligence test scores in the present century: The Danish experience - ScienceDirect 
https://www.sciencedirect.com/science/article/abs/pii/S016028962100009X

Highlights

•
Changes in mean intelligence test scores were minimal in Denmark in 2006–2019.
•
A change in the format of the intelligence test resulted in a sudden drop in scores.
•
Neither changes in parental age, dysgenics, or immigration can explain the findings.
•
Changes in sample composition may conceal a true decline in intelligence test scores.

Abstract
The present register-based study investigated the secular trend of intelligence test scores during the period from 2006 through 2019 in a Danish population-representative sample, as well as whether the observed trend could be explained by changes in parental age, dysgenics, and immigration or changes in the format of the intelligence test and sample characteristics. The study population consisted of all Danish men appearing before a draft board during the study period (N = 400,288). Intelligence test scores were obtained by the use of Børge Priens Prøve, typically at age 19. For each of the included draft board cohorts, the intelligence test score mean and standard deviation were estimated. The results showed that changes in mean intelligence test scores were minimal during the study period. A slight decline was observed from 2006 to 2010. Furthermore, there was a drop of 1.5 IQ points from 2010 to 2011, which coincided with the change in the format of the intelligence test from paper-and-pencil to computer-based, but there was essentially no change after 2011. Neither changes in parental age, dysgenics, or immigration seem to have influenced the observations. However, changes in sample composition may conceal a true decline in intelligence test scores given that a larger proportion of individuals with low intelligence seems to be exempted from testing. In conclusion, the study findings suggest no systematic change in intelligence test scores during the last decade, but due to changes in sample composition, it cannot be excluded that there has been a negative secular trend.

Webinar on new AAIDD classification manual

https://www.aaidd.org/education/event-details/2021/01/28/default-calendar/intellectual-disability-definition-diagnosis-classification-and-systems-of-supports-12th-edition

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Kevin McGrew, PhD

Educational Psychologist

Director, Institute for Applied Psychometrics

IAP

www.themindhub.com

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AAIDD Announces the Publication of the 12th Edition of its Manual

https://www.aaidd.org/news-policy/news/article/2021/01/15/aaidd-announces-the-publication-of-the-12th-edition-of-its-manual

12th Edition of the AAIDD Manual Now Available!

Intellectual Disability: Definition, Diagnosis, Classification, and Systems of Supports, 12th Edition, has just been published and can be purchased from our bookstore. All professionals in the field need this important reference book, which integrates the findings and developments of the last 10 years in a systematic approach to diagnosis, optional subgroup classification, and planning of systems of supports for people with ID. In addition, the 12th edition examines the construct of age of onset as a criterion in diagnosis and presents the operational definition in a way that will be critically important to professionals in the field. Buy your copy now in the AAIDD Bookstore!   To explore our other titles, visit our online bookstore by clicking here. Members get even more savings! Join or Renew AAIDD Membership for Journal Access and Discounts on All AAIDD Books & Curriculum **Members: Login for your member discount to also be applied at checkout** American Association on Intellectual and Developmental Disabilities (AAIDD) 8403 Colesville Road, Suite 900 Silver Spring, MD 20910 Telephone: 202-387-1968 Fax: 202-387-2193 www.aaidd.org

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This email was sent to iap@earthlink.net by books@aaidd.org

American Association on Intellectual and Developmental Disabilities • 8403 Colesville Road, Suite 900, Silver Spring, Maryland 20910, United States

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New authoritative APA Handbook of Intellectual and Developmental Disabilities

https://www.apa.org/pubs/books/apa-handbook-intellectual-developmental-disabilities

Will be available shortly after the first of the year

Intellectual Disability: Definition, Diagnosis, Classification, and Systems of Supports, 12th Edition

Coming in January

No negative Flynn effect in France: Why variations of intelligence should not be assessed using tests based on cultural knowledge - ScienceDirect

https://www.sciencedirect.com/science/article/pii/S0160289620300908

Abstract
In 2015, Dutton and Lynn published an account of a decrease of intelligence in France (negative Flynn effect) which had considerable societal impact. This decline was argued to be biological. However, there is good reason to be skeptical of these conclusions. The claim of intelligence decline was based on the finding of lower scores on the WAIS-III (normed in 1999) for a recent sample, but careful examination of the data suggests that this decline was in fact limited to subtests with a strong influence of culture-dependent declarative knowledge. In Study 1, we re-analyzed the data used by Dutton and Lynn (2015) and showed that only subtests of the WAIS primarily assessing cultural knowledge (Gc) demonstrated a significant decline. Study 2 replicated this finding and confirmed that performance was constant on other subtests. An analysis of differential item functioning in the five subtests with a decline showed that about one fourth of all items were significantly more difficult for subjects in a recent sample than in the original normative sample, for an equal level of ability. Decline on a subtest correlated 0.95 with its cultural load. These results confirm that there is currently no evidence for a decrease of intelligence in France, with prior findings being attributable to a drift of item difficulty for older versions of the WAIS, due to cultural changes. This highlights the role of culture in Wechsler's intelligence tests and indicates that when interpreting (negative) Flynn effects, the past should really be treated as a different country.

Atkins related court decision: Pervus Payne Tennessee case

Info available this news article that contains links.  https://news.bloomberglaw.com/us-law-week/tennessee-must-fix-system-allowing-for-execution-of-intellectually-disabled-defendant

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Kevin McGrew, PhD

Educational Psychologist

Director, Institute for Applied Psychometrics

IAP

www.themindhub.com

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Symposium: The Growing Impact of the Supreme Court Shadow Docket on Death Penalty Cases https://deathpenaltyinfo.org/news/symposium-the-growing-impact-of-the-supreme-court-shadow-docket-on-death-penalty-cases

Symposium: The Growing Impact of the Supreme Court Shadow Docket on Death Penalty Cases https://deathpenaltyinfo.org/news/symposium-the-growing-impact-of-the-supreme-court-shadow-docket-on-death-penalty-cases

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Kevin S. McGrew,  PhD
Educational Psychologist
Director
Institute for Applied Psychometrics (IAP)
www.themindhub.com
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Every second counts: A comparison of four dot counting test scoring procedures for detecting invalid neuropsychological test performance. - PsycNET

 Every second counts: A comparison of four dot counting test scoring procedures for detecting invalid neuropsychological test performance. - PsycNET 
https://psycnet.apa.org/record/2020-79118-001

Citation
Rhoads, T., Resch, Z. J., Ovsiew, G. P., White, D. J., Abramson, D. A., & Soble, J. R. (2020). Every second counts: A comparison of four dot counting test scoring procedures for detecting invalid neuropsychological test performance. Psychological Assessment. Advance online publication. https://doi.org/10.1037/pas0000970

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Abstract
Although performance validity tests (PVTs) are an integral element of neuropsychological assessment, most PVTs have historically been restricted to the memory domain. The Dot Counting Test (DCT) is a nonmemory PVT shown to reliably identify invalid performance. Although several traditional and abbreviated scoring methods have been derived, no study to date has directly compared the available scoring approaches within a single sample. This cross-sectional study cross-validated 4 different DCT scoring approaches, including the traditional rounded E-score proposed within the manual, an unrounded E-score, and 2 abbreviated scoring procedures based on 4- and 6-card versions (DCT-4 and DCT-6, respectively) in a diverse mixed clinical neuropsychiatric sample (N = 132). Validity groups were established by 5 independent criterion PVTs (102 valid and 30 invalid). Receiver operating characteristic curve analyses yielded significant areas under the curve (AUCs = .84−.86) for the overall sample, with sensitivities of 50%–67% at ≥ 89% specificity. The DCT scores had outstanding classification accuracy (AUCs ≥ .92; sensitivities = 80%−83%) in the unimpaired group and excellent classification accuracy in the impaired group (AUCs = .79−.81; sensitivities = 43%−60%). Whereas negligible differences emerged between the 4 scoring methods for the cognitively intact group, the DCT-4 showed notably stronger psychometric properties among the overall sample in general and the mild cognitive impairment group in particular. Results corroborate previous findings suggesting that the DCT is a robust PVT, regardless of the employed scoring procedure, and replicate support for the abbreviated DCT-4 as the recommended validity indicator. (PsycInfo Database Record (c) 2020 APA, all rights reserved)

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Kevin S. McGrew, PhD
Educational & School Psychologist
Director
Institute for Applied Psychometrics (IAP)
https://www.themindhub.com
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Bobby Moore, who was recent precedent setting SCOTUS Atkins decision, granted parole.

Atkins intellectual disability court decisions: Texas Court of Criminal Appeals reverses decisions on two Atkins cases - Webster and Guevara

 

Twice in the past few weeks, the Texas Court of Criminal Appeals has reversed adverse prior decisions regarding Atkins intellectual disability death penalty decisions.

Click here for Webster (2020)

Click here for Guevara (2020)

Prior documents and decisions related to these two cases can be found in the court decisions blog roll on the right-hand side of this blog. 

 

Juan Lizcano's Texas death sentence tossed due to intellectual disability | The Texas Tribune

https://www.texastribune.org/2020/09/16/juan-lizcano-texas-death-row/

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Kevin McGrew, PhD
Educational Psychologist
Director, Institute for Applied Psychometrics
IAP
www.themindhub.com
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CA legislature changes definition of ID to not allow Heaton or demographically-adjusted IQ test norms.

The California Legislature has changed the definition of ID  to be less racially biased.  In particular, it now bans the use of  demographically adjusted or "Heaton" norms.    See story here...where a link is provided to download the PDF.

'Man is Opposed to Fair Play': An Empirical Analysis of How the Fifth Circuit Has Failed to Take Seriously Atkins v. Virginia by Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel :: SSRN

 'Man is Opposed to Fair Play': An Empirical Analysis of How the Fifth Circuit Has Failed to Take Seriously Atkins v. Virginia by Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel :: SSRN 
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3660564

A more finalized version of this paper which I posted about recently.

Death by Expert: Cognitive Bias in the Diagnosis of Mild Intellectual Disability 44 Law & Psychology Review 2019-2020

Death by Expert: Cognitive Bias in the Diagnosis of Mild Intellectual Disability 44 Law & Psychology Review 2019-2020
https://heinonline.org/HOL/LandingPage?handle=hein.journals/lpsyr44&div=5&id=&page=

Welcome to Channel g. Dr. Andrew Conway on Intelligence. Stay tuned

Welcome to Channel g
https://www.psychologytoday.com/us/blog/channel-g/202008/welcome-channel-g

******************************************
Kevin S. McGrew, PhD
Educational & School Psychologist
Director
Institute for Applied Psychometrics (IAP)
https://www.themindhub.com
******************************************

Atkins Court Decision: Phillips v Florida (2020)

Phillips v Florida (2020) is available here.

Prior information related to Phillips (2008) can be found here.

“Man is Opposed to Fair Play”: An Empirical Analysis of How the Fifth Circuit Has Failed to Take Seriously Atkins v. Virginia - Perlin et al. (2020)

Copy of this new article available here.

Below is a copy of the conclusion

VI. Conclusion

 

The database we have considered here is infinitely depressing. There was only actual relief in 12.4% of the cases that raised Atkins issues, and this grouping of nine cases includes two in which the defendant died before the final relief could be implemented. What it reveals is a Court with little or no interest in the thoughtful opinions of Justice Stevens in Atkins and of Justice Kennedy in Hall. The science is ignored, and the jurisprudence is ignored. Baseless fears of undetected malingering, the mindless use of lay stereotypes of what “looks like” remorse, and the corrupt employment of “ethnic adjustments” to lawlessly raise IQ scores making certain minority defendants improperly eligible for execution all are reflected in the cases decided by the Fifth Circuit. Certainly, the earlier conclusion reached by Professor John Blume and his colleagues (in their empirical study of all Atkins claims) – that “Atkins is not evenhandedly protecting those it was designed to protect”296—rings as true today as it did when written eleven years ago. On the other hand, the cases reveal important potential strategies for defense counsel: (1) It is essential that allegations of malingering be vigorously rebutted through expert testimony; (2) even though the Fifth Circuit has not yet acknowledged its scientific validity, the Flynn effect must be brought to the Court’s attention, (3) the defendant should be given a WAIS test, and the WISC test must be avoided, (4) the use of lay stereotypes of “showing remorse” must be firmly discredited. If these are all done, then there is at least some chance that Atkins and its progeny will be given life in subsequent cases.