The AAPL practice guidelines for forensic eval. of psychiatric disability now posted

The 2008 AAPL guidelines for the forensic evaluation of a psychiatric disability have now been added to the standards, guidelines, etc. section of the ICDP blog. Click here to view.

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1949 WISC: What date(s) should be used to calculate the Flynn effect for historical IQ scores?

What date should be used when calculating the effect of norm obsolescence (aka, Flynn Effect) for old 1949 WISC scores?

I have seen psychological reports for three different Atkins MR/ID death penalty case reports and one social security report that referenced old WISC scores. The WISC was published in 1949 and was used well into the mid 1970's (when replaced by the WISC-R in 1974). The Flynn Effect (click here for posts linking to Flynn Effect Series of reports) was not yet a documented phenomenon, so examiners using the test late it it's life cycle were often not aware of the potential for a massive Flynn effect. At the end of it's life cycle WISC results were often interpreted on the basis of norms that were 20-25 years out of date! This is the worst case scenario for the Flynn Effect I have seen in old psychological reports.

There is some debate on which date for any IQ test should be used to estimate the Flynn Effect. The date of publication or the median date of the years during which the norm data was collected. I believe the consensus is the later.

But, when one turns to the WISC manual, it makes no mention of the years spanned during the norming. Thus, I made a request for information to a number of professional listservs and a number of people directed me to Flynn's (2006) "Tethering the Elephant" article. There is a footnote in that table that provides a lead.

Note. All dates assigned to tests refer to the date at which the test was normed. This is what is relevant, of course, not the date when the test was published. Another date that practitioners might like to have is that for the norming of the WISC: from 1947 to 1948.

Alan Kaufman also communicated with me privately (personal communication, 9-23-11) regarding my question. He worked with David Wechsler on the the WISC-R. He said that during that time the date of 1947 was almost always mentioned during their work, but he never did see concrete proof.

Finally, a member of a neuropsych. listserv sent me a 1950 smoking gun journal article authored by staff from Psychological Corporation. The article was a more in-depth description of the WISC standardization. Although only mentioned briefly in one sentence on p. 102, the dates 1947-1948 are mentioned as the period of the data collection.

Thus, when faced with historical records with old WISC scores, especially those where the effect of norm obsolescence on the scores is dramatic, the best estimate to use for calculating the Flynn Effect is 1947 to 1948. I would tend to think that given the publication and production processes at the time that most of the data was collected during 1947 as many 1948 activities were likely involved in printing and production. But, to be safe, I would suggest examiners use both 1947 and 1948 and then round to the average estimate. One year typically does not make a huge difference.

Thanks to all who sent me tips and the article. The internet, and many professional listservs, are awesome sources of information.

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American Behavioral Scientist study suggests Twitter can foster sense of personal communities

This is a bit off-topic for my blogs, but I am a user of various social media, primarily for professional purposes. But, others use social media like Twitter to form personal social networks....and now, one study suggests it can help provide a form of sense of a personal community. Double click on images to enlarge







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FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 536 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 2 316 Overcriminalization 2.0: The...

http://lawprofessors.typepad.com/crimprof_blog/2011/09/top-ten-recent-ssrn-downloads-3.html

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Supreme Court embraces minimal relief for California prisoners with mental disabilities and other serious health care needs

Story at link below

http://go.galegroup.com/ps/i.do?ty=PublicationSearchForm&id=GALE%7CA267716743&v=2.1&u=umn_wilson&it=r&p=LT&sw=w&digest=8f66b94f593834d4b71bde2f50c56b50&rssr=rss

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FYiPOST: Criminal Law and Criminal Justice Books website

James Finckenauer (Rutgers School of Criminal Justice) and Stuart P. Green (Rutgers School of Law–Newark)(pictured) are the co-editors of what promises to be a highly useful new website here. The free site will offer online reviews of books in criminal...

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Ohio parole board recommends Governor spare life of person with MR/ID - J. Murphy

The Ohio Parole Board is recommending to the Governor to spare Joseph Murphy, a person with MR/ID and a lengthy history of childhood abuse, from execution. If the above link becomes dated, then click here for the original Sentencing and Law blog post where I learned of this recommendation

Prior decisions regarding J. Murphy can be found at the ICDP blog by clicking here, where a number of court decisions were posted one day, without comment.


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IAP AP101 Brief # 10: Understanding IQ score differences: Examiner Errors

Why do significant differences in IQ scores often occur between different tests or the same test given at different times? The explanations are many. Previous IAP Applied Psychometric 101 Reports and Briefs have touched on a number of reasons. Click here to view or link to these reports.

In the first AP101 report, which I would recommend reading prior to reading the material below, test administration and or scoring errors (examiner errors) were mentioned as a possible reason for score discrepancies. The brief report below addresses this topic.


Test procedural and administration errors (examiner error)

Despite rigorous graduate training in standardized administration of intelligence tests for most psychologists, the extant research on adherence to standardized administration and scoring procedures has consistently reported (unfortunately) that the frequency of examiner errors occurs with enough regularity, for both novice and experienced psychological examiners, to be a concern.

Ramos, Alfonso and Schermerhorn (2009) summarized the extant research on examiner errors and reported that most research studies reported sufficient average examiner error to produce significant changes in IQ scores for individuals. The most frequent types of errors reported included a failure to record responses, use of incorrect basal and ceiling rules, reporting an incorrect global IQ score, incorrect adding of subtest scores, incorrect assignment of points for specific items, and incorrect calculation of the individuals age. On Wechsler-related studies, Ramos et al.'s review found that studies have reported average error rates from 7.8 to 25.8 errors per test record, almost 90% of examiners making one error, and in one study 2/3 of the test records reviewed resulted in a change in the Full Scale IQ. Examiner errors do not appear instrument specific as Ramos et al’s reported an average error rate of 4.63 errors per test record on the WJ III Tests of Cognitive Abilities.

The importance of verifying accurate administration and scoring is evident in the finding that across experienced psychologists and students in graduate training, ranges of score differences were as high as 25, 22, and 11 points respectively for the WAIS-III Verbal, Performance and Full Scale IQ scores (Ryan & Schnakenberg-Ott, 2003). Despite examiners reporting confidence in their scoring accuracy, Ryan and Schnakenberg-Ott reported average levels of agreement with the standard (accurate) test record of only 26.3% (Verbal IQ), 36.8 % (Performance IQ), and 42.1 % (Full Scale IQ).

This level of examiner error is alarming, particularly in the context of important decision-making (e.g., IQ score-based life-and-death Atkins MR/ID decisions; eligibility for intervention programs; eligibility for social security disability funds). The level of examiner experience does not appear to be an explanatory variable. More recently, when investigating a single subtest (WISC-IV Vocabulary), Erodi, Richard and Hopwood (2009) reported that more errors may be present when evaluating low and high ability subjects.

Numerous test development and professional training and monitoring recommendations have been suggested (see Erodi et al, 2009; Hopwood & Richard, 2005; Kuentzel et al. 2011; Ramos et al., 2009; Ryad & Schnakenberg-Ott, 2003), some that have empirically demonstrated improvement in accuracy (see Kuentzel, Hetterscheidt &Barnett, 2011).

Examiner test administration and scoring errors can be the reason for discrepant IQ-IQ score differences. It is clear that before attempting to interpret any IQ scores, or trying to reconcile IQ-IQ score differences between tests, the first step would be for all examiners to double check their scoring. Another wise step would be to seek independent review of a scored test record by another experienced examiner. In the case of Atkins decisions, attempts should be made to secure copies of the original IQ test records for independent review. If any clear errors are present, they should be corrected and new scores recalculated. Only then should psychologists proceed to draw conclusions about the consistency or differences between scores from different IQ tests or versions of the same test given at different times during an individual’s life-span.

Any intelligence test results used in an Atkin’s hearings must be subject to independent review of the original test protocol (this may be impossible for old historical testing results) to insure against administration or scoring errors that might result in significant differences in the reported IQ score. This is critically important in Atkin’s cases were the courts often use a strict specific-IQ “bright line” cut score to determine the presence of an intellectual disability.

Below are the abstracts from the primary sources for this brief report. Double click on the images to enlarge.
























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More support for CHC interpretation of the WAIS-IV

(double click on images to enlarge)

Yet another CFA study of the WAIS-IV standardization data that suggests the CHC framework is likely the most vablid interpretative framework for the WAIS-IV. Other posts in support of this conclusion can be found here and here.



Of particular note is the continued finding, consistent with my interpretation of the literature that the Arithmetic subtest is a factorially complex and mixed measure of 2-3 different CHC domains and thus, should NOT be interpreted as a strong indicator of any particular CHC domain. This does not mean it is a bad test. On the contrary, factorially complex tests are sometimes some of the best predictors of other outcomes because they measure multiple abilities (which makes them function as mini g-proxies). The point, reinforced by this latest study, is that Arithmetic is not a good strong indicator of a single CHC domain and has considerable construct irrelevant variance when interpreted within a CHC framework

Conflict of interest note - I am a coauthor of the WJ III which is a competitor to the WAIS-IV

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IRT-based clinical psychological assessment and test development

IRT based test development has been one of the most important psychometric developments during the past few decades.

This is a followup to a prior brief FYI post about an excellent review article regarding the benefits of IRT methods for psychological test development and interpretation. I have now read the article in depth and have provided additional comments and links via the IQs Reading blog feature.

Enjoy.


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FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 519 Self-Defense Larry Alexander, University of San Diego School of Law, Date posted to database: September 8, 2011 [new to top ten] 2...

http://lawprofessors.typepad.com/crimprof_blog/2011/09/top-ten-recent-ssrn-downloads-2.html

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Research Brief: Competence for trial a discrete or continuous dimension?

"In summary, our results suggest that a rational understanding of legal proceedings, as operationalized by performance on the Appreciation scale of the MacCAT–CA, represents a discrete functional ability rather than a continuously distributed construct."

(double click on I age to enlarge)


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Law Review Article: Scientific evidence in the courts--Dillhoff (2011) on the Daubert standard

Scientific evidence in the courts----the Daubert standard. New law review article added to Law Review Article blogroll.

Dillhoff, M. (2011). SCIENCE, LAW, AND TRUTH: DEFINING THE SCOPE OF THE DAUBERT TRILOGY. Notre Dame Law Review, 86(3), 1289-1317. Click here



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Free access to forensic articles

Visit link below from Karen Franklin for entire post

The Journal of Forensic Sciences, published by the American Academy of Forensic Sciences, is offering free access to select articles, including several of potential interest to this blog's audience. Click on any of the below titles to read (and/or download) the full article.

http://forensicpsychologist.blogspot.com/2011/09/free-access-to-forensic-articles.html

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Atkins MR/ID death penalty court decision: Update on Sasser v Hobb's (2011)

Here is the latest update for Sasser v Hobbs (2011). Click here for prior post and links to prior files.


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Greenspan (2002) on MR/ID definition

I found a copy of Stephen Greenspan's 2002 chapter on his ideas for the definition of MR/ID at his website. He is a must read for all involved I the fields of MR/ID






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Greenspan on common sense/gullibility and MR/ID

Social intelligence. Social awareness. Foolish action. Common sense. Stephen Greenspan has single handedly advocated for the concept of gullibility to be the core defining feature of MR/ID within AAIDD. His terms have changed, but the concept has remained the same. Currently he is using the term common sense (lack of risk-awareness) to get at this core feature of ID.

His thinking and writings are important for all involved in Atkins cases. Thus, I was pleased to find a copy of one of his recent book chapters on this topic being available for download at his website.

(double click on images to enlarge)

Together with Switzy they have a newer paper "in preparation.". Once that is public I will feature it here at the ICDP blog.


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FYiPOST: Disability Law Symposium-Mar 2012-Call for Proposals-UC, Berkeley

FYI-distributing as requested

<<<<<<<<<<PLEASE DISTRIBUTE WIDELY>>>>>>>>>>>

Call for Presentation Proposals:
Disability Law Symposium - Mar. 22-23, 2012 @ UC, Berkeley Boalt Hall
Rebranding Disability Law: The Intersection of Disability with Gender,
Race, Class and Other Identities
http://berkeleydisabilityrights.tumblr.com

Co-sponsors (partial list): Boalt Disability Law Society;  Berkeley
Journal of Gender, Law & Justice; Thelton E. Henderson Center for Social
Justice; Disability Rights, Education & Defense Fund; UC, Berkeley
Disability Studies

Our focus is on the intersection of disability and other civil rights
constructs such as gender, sexuality, class, race, ethnicity and religion.
Presentations should be grounded in law (rights, discrimination, equity)
and/or public policy. Our goal is to "re-brand" the field of Disability
Rights to encourage students to think of this (1) as a subset of the
broader civil rights movement and (2) as part of the larger
disability-related disciplines at the University.

The tentative format will be a Thursday late afternoon keynote address by
Samuel Bagenstos ("Olmstead, Race, and Class") after introductory remarks
by Arlene Mayerson. Friday will include 3 panels of speakers (themes,
speakers & formats TBD) and a lunchtime keynote address by Carrie Griffin
Basas ("HIV Stigma/Sex(uality) Stigma"). On Thursday evening there will be
an informal discussion forum on current legal and policy issues and on
Friday a reception will be held at the Ed Roberts Campus after closing
remarks.

We are seeking approximately 9 presenters in addition to our keynoters,
with the hope that each panel will have a common theme. (Proposals can be
either for a single speaker or for a speaker and 1 or 2
respondents/discussants). The Berkeley Journal of Gender, Law & Justice
will publish suitable symposium papers, but it is not required that
presenters also submit a paper.  Please email a 2-3 paragraph abstract to
srosenbaum@law.berkeley.edu no later than November 16, 2011 and indicate
whether you intend to submit a paper for publication. We regret that we
cannot guarantee funds for travel or accommodations for panelists.

With the recent funding of a Disability Initiative at UC, Berkeley, the
opening of the Ed Roberts Campus in Berkeley, and the continuing emphasis
on clinical and interdisciplinary legal education, we hope this symposium
will solidify the importance of Disability Rights within the curriculum at
BerkeleyLaw and sister law schools.  We look forward to your proposals.

Thank you.

Plannning/Advisory Committee
Mary Lou Breslin
Claudia Center
Samantha Groden
Arlene Mayerson
Katy Merk
Francis Nugent
Victoria Plaut
Stephen Rosenbaum
Sue Schweik
Jonathan Simon
Shira Wakschlag
Wilda White

==============

Book Nook: An Introduction to Psychometrics

People always ask me for recommendations for a good intro book on psychometrics. Until recently, there have been no such books. There are older texts by Thorndike and Nunally, and a boat load of highly topic-specific advanced books (IRT; factor analysis, etc.), but few books suitable for a first course in psychometrics.

I recently ordered the above book and have been skimming sections when I find time. I believe that this is probably one of the better contemporary introductory texts on psychometrics. I would recommend it to anyone wanting to learn more about the basics of psychometrics.


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Psychometric issues in Atkins MR/ID cases: The IAP AP101 report series

It is clear that many Atkins MR/ID death penalty decisions revolve around psychometric issues that many (but not all) attorneys, judges, and psychologists (who do assessments) are not well versed. Recurring issues in many cases are norm obsolescence (Flynn Effect), standard error of measurement (SEM), practice effects, full-scale vs component part scores, differences between IQs from different tests, to name but a few.

I always think that once I've posted an Applied Psychometrics 101 working paper, all who visit the ICDP blog will easily find the materials. But, I still receive regular phone calls and questions suggesting that my assumption is not correct.

Thus, the purpose of this post is to remind those looking for some information on some of the recurring psychometric issues that a series of reports are available for download. They are listed on the right side of the blogroll, as can bee seen in the image below.(double click on image to enlarge)


To make this info accessible again, I have created a link here that when clicked will provide the readers with all blog posts that reference the reports and provide report-specific links.

I have a couple of new reports "in limbo" and hope to find time in the near future to add more.




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CrimProf Blog: Ryan on Juries in Eighth Amendment Punishments Clause Determinations

http://lawprofessors.typepad.com/crimprof_blog/2011/09/ryan-on-juries-in-eighth-amendment-punishments-clause-determinations.html

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FYiPOST: Indigenous Peoples Law and Policy - Tucson, AZ

The Indigenous Peoples Law and Policy Program (Arizona) will host a tenth anniversary conference and reunion the weekend of October 8-9, 2011. Saturday, October 8 will be a conference exploring the relationship between law schools and legal practitioners. Sunday, October 9 will be a picnic lunch at the College of Law for all IPLP alumni, including JD alums who practice in the field of Indigenous peoples law. mw

http://feedproxy.google.com/~r/LegalScholarshipBlog/~3/2u8Sa5ybRSc/

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ABA Death Penalty Project Awards Arnold & Porter with Annual Prize

The American Bar Association Death Penalty Representation Project is giving three law firms its 2011 "Exceptional Service" awards, including D.C.-based Arnold & Porter.

...visit link for original Nd complete blog post

http://legaltimes.typepad.com/blt/2011/09/aba-death-penalty-project-awards-arnold-porter-with-annual-prize.html

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FYiPOST: Are forensic tools reliable predictors?

The high-profile cases of Jared Lee Loughner and Anders Behring Breivik have contributed to high public demand for accurate prediction of violence potential among the mentally ill. While the number of risk assessment tools designed for this purpose has exploded in the past two decades, no systematic review has been conducted to investigate how accurate these tools are for predicting risk in individuals with schizophrenia.

But never fear: Jay Singh of the University of Oxford and colleagues (whose recent meta-review questioned overbroad claims about the accuracy of actuarials in risk assessment) have stepped into the breach, this time examining whether existing tools have proven efficacy for this task........Rest of post from Karen Franklin at link below

http://forensicpsychologist.blogspot.com/2011/09/violence-risk-in-schizophrenics-are.html

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Test post--ignore

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FYiPOST: Criminal Minds--UW Neuro-lawyer program@TheNeuroScience, 9/14/11 5:33 AM

Neuro Science (@TheNeuroScience) 9/14/11 5:33 AM Criminal minds: As brain research enters classroom, UW plans to train attorney ... http://t.co/SvxSove

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FYiPOST: Schweitzer and Saks on Brain Imaging, Juries, and the Insanity Defense

Neuroimage Evidence and the Insanity Defense Behavioral Sciences and the Law Behav. Sci. Law 29: 592–607 (2011) Published online 10 July 2011 Abstract: The introduction of neuroscientific evidence in criminal trials has given rise to fears that neuroimagery presented by...

http://kolber.typepad.com/ethics_law_blog/2011/09/schweitzer-and-saks-on-brain-imaging-juries-and-the-insanity-defense.html

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Live Chat--Neuroscience and the Law@TheNeuroScience, 9/12/11 5:02 PM

Neuro Science (@TheNeuroScience) 9/12/11 5:02 PM Brain Science and the Law http://t.co/Ohj4mu3

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FYiPOST: Important Study on Statistical Errors in Neuroscience

Erroneous analyses of interactions in neuroscience: a problem of significance Nat Neurosci. 2011 Aug 26;14(9):1105-7. doi: 10.1038/nn.2886. By: Nieuwenhuis S, Forstmann BU, Wagenmakers EJ. Source: [1] Department of Psychology, Leiden University, Leiden, The Netherlands. [2] Leiden Institute for Brain and...

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Judicial understanding and decision-making in Atkins MR/ID cases: An empirical investigation

Many thanks to Krystal Hedges, graduate student at the University of Alabama, for notifying me of this important recently completed doctoral dissertation. As far as I know, it is the first empirical investigation of judicial understanding and decision-making related to Atkins MR/ID cases.

Double click on images to enlarge. The complete dissertation can be found here.






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FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 459 Who's Better at Defending Criminals? Does Type of Defense Attorney Matter in Terms of Producing Favorable Case Outcomes Thomas H. Cohen, U.S....

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Book nook: Roger's 3rd edition on clinical assessment of malingering--book review

Double click to enlarge images







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FYiPOST: Morse on Genetics and Criminal Responsibility

Stephen Morse (University of Pennsylvania Law School) has posted Genetics and Criminal Responsibility (Trends in Cognitive Sciences, Forthcoming) on SSRN. Here is the abstract: Some believe that genetics threatens privacy and autonomy and will eviscerate the concept of human nature....

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News magazine coverage of the Flynn Effect@TheWeek, 9/9/11 2:25 PM

The Week (@TheWeek) 9/9/11 2:25 PM Smarter than ever? Americans' IQ scores have been climbing over the past 100 years. Here, a guide to the Flynn Effect: http://ow.ly/6q8MQ

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What is forensic psychology?@psych101, 9/10/11 6:20 AM

David Webb (@psych101) 9/10/11 6:20 AM What is forensic psychology? http://t.co/Vip2Ht1

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FYiPOST: High Percentage of U.S. Military Death Sentences Overturned

Of the 16 death sentences that have been imposed since the U.S. military made significant changes to its death penalty system in 1984, 10 have been overturned and all the defendants were resentenced to life.  There have been no executions, and the 6 remaining cases are still under appeal.  

Story at link below

(M. Taylor, "Many death sentences in U.S. military overturned," McClatchy Newspapers, August 28, 2011).  See U.S. Military and Representation.  See also STUDIES: Significant Racial Disparities Found in Military Death Penalty.

Tweet

http://www.deathpenaltyinfo.org/high-percentage-us-military-death-sentences-overturned

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FYiPOST: J Am Acad Psychiatry Law Table of Contents for 1 September 2011; Vol. 39, No. 3

A new issue of Journal of the American Academy of Psychiatry and the Law Online is available online:

1 September 2011; Vol. 39, No. 3

The below Table of Contents is available online at: http://www.jaapl.org/content/vol39/issue3/index.dtl?etoc

---

Editorial

---

Ready or Not, Here It Comes: Maintenance of Certification

Debra A. Pinals

J Am Acad Psychiatry Law 2011;39 294-296
http://www.jaapl.org/cgi/content/full/39/3/294

---

Special Article

---

Demographic, Criminogenic, and Psychiatric Factors That Predict Competency Restoration

Lori H. Colwell and Julie Gianesini

J Am Acad Psychiatry Law 2011;39 297-306
http://www.jaapl.org/cgi/content/abstract/39/3/297

Commentary: Competency Restoration Research—Complicating an Already Complex Process

Merrill Rotter and Michael Greenspan

J Am Acad Psychiatry Law 2011;39 307-310
http://www.jaapl.org/cgi/content/abstract/39/3/307

Commentary: Jail-Based Competency Restoration

Reena Kapoor

J Am Acad Psychiatry Law 2011;39 311-315
http://www.jaapl.org/cgi/content/abstract/39/3/311

---

Regular Article

---

Future Orientation and Competence to Stand Trial: The Fragility of Competence

Aaron J. Kivisto, Todd M. Moore, Paula A. Fite, and Bruce G. Seidner

J Am Acad Psychiatry Law 2011;39 316-326
http://www.jaapl.org/cgi/content/abstract/39/3/316

Commentary: Competence to Stand Trial in Juveniles and the Judgment Model

Alan R. Felthous

J Am Acad Psychiatry Law 2011;39 327-331
http://www.jaapl.org/cgi/content/abstract/39/3/327

Ethics in Forensic Psychiatry Publishing

Reena Kapoor, John L. Young, Jacquelyn T. Coleman, Michael A. Norko, and Ezra E. H. Griffith

J Am Acad Psychiatry Law 2011;39 332-341
http://www.jaapl.org/cgi/content/abstract/39/3/332

Commentary: A New Chapter for Forensic Ethics

Philip J. Candilis

J Am Acad Psychiatry Law 2011;39 342-344
http://www.jaapl.org/cgi/content/abstract/39/3/342

Commentary: Moving The Journal Forward

Robert M. Wettstein

J Am Acad Psychiatry Law 2011;39 345-351
http://www.jaapl.org/cgi/content/abstract/39/3/345

Oral Performance, Identity, and Representation in Forensic Psychiatry

Ezra E. H. Griffith and Madelon Baranoski

J Am Acad Psychiatry Law 2011;39 352-363
http://www.jaapl.org/cgi/content/abstract/39/3/352

Commentary: Thereby Hangs a Tale—The Creation of Tragic Narratives in Forensic Psychiatry

Gwen Adshead

J Am Acad Psychiatry Law 2011;39 364-369
http://www.jaapl.org/cgi/content/abstract/39/3/364

Contingency Management Treatment in Substance Abusers With and Without Legal Problems

Nancy M. Petry, Carla J. Rash, and Caroline J. Easton

J Am Acad Psychiatry Law 2011;39 370-378
http://www.jaapl.org/cgi/content/abstract/39/3/370

Clinicians Imagine a Patient's View: Rating Disclosures of Confidential Information

Graham Lindley Spruiell, Mark J. Hauser, Michael Lamport Commons, and Eric Y. Drogin

J Am Acad Psychiatry Law 2011;39 379-386
http://www.jaapl.org/cgi/content/abstract/39/3/379

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Analysis and Commentary

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Privacy Rights in Mental Health Counseling: Constitutional Confusion and the Voicelessness of Third Parties in Criminal Cases

Wendy J. Murphy

J Am Acad Psychiatry Law 2011;39 387-395
http://www.jaapl.org/cgi/content/abstract/39/3/387

Risky Business: Addressing the Consequences of Predicting Violence

Sarah L. Miller and Stanley L. Brodsky

J Am Acad Psychiatry Law 2011;39 396-401
http://www.jaapl.org/cgi/content/abstract/39/3/396

Dissociative Identity Disorder: Medicolegal Challenges

Helen M. Farrell

J Am Acad Psychiatry Law 2011;39 402-406
http://www.jaapl.org/cgi/content/abstract/39/3/402

www.mydrugdealer.com: Ethics and Legal Implications of Internet-Based Access to Substances of Abuse

Carolina A. Klein and Surendra Kandel

J Am Acad Psychiatry Law 2011;39 407-411
http://www.jaapl.org/cgi/content/abstract/39/3/407

Reel Forensic Experts: Forensic Psychiatrists as Portrayed on Screen

Susan Hatters Friedman, Cathleen A. Cerny, Sherif Soliman, and Sara G. West

J Am Acad Psychiatry Law 2011;39 412-417
http://www.jaapl.org/cgi/content/abstract/39/3/412

Forensic Psychiatry, Statutory Law, and Administrative Rules

Joseph D. Bloom

J Am Acad Psychiatry Law 2011;39 418-421
http://www.jaapl.org/cgi/content/abstract/39/3/418

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Legal Digest

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Determining the Likelihood of Future Offenses in SVP Hearings

Christina L. Riggs Romaine and Debra A. Pinals

J Am Acad Psychiatry Law 2011;39 422-424
http://www.jaapl.org/cgi/content/full/39/3/422

Jury Instructions in a Case With a Defense of Not Guilty by Reason of Insanity

Kristina P. Lloyd and Ira K. Packer

J Am Acad Psychiatry Law 2011;39 424-425
http://www.jaapl.org/cgi/content/full/39/3/424

Competence to Waive Counsel and Proceed Pro Se

Leilani Lee and Debra A. Pinals

J Am Acad Psychiatry Law 2011;39 426-428
http://www.jaapl.org/cgi/content/full/39/3/426

Commitment of Sexually Dangerous Persons by the Federal Government

Sarah L. Miller and Albert J. Grudzinskas, Jr

J Am Acad Psychiatry Law 2011;39 428-430
http://www.jaapl.org/cgi/content/full/39/3/428

Duty to Warn or Protect

John J. Maxey, Hal S. Wortzel, and Richard Martinez

J Am Acad Psychiatry Law 2011;39 430-432
http://www.jaapl.org/cgi/content/full/39/3/430

Mental Health Evaluation/Counseling as a Special Condition of Supervised Release

Michael T. Thurman, Hal S. Wortzel, and Richard Martinez

J Am Acad Psychiatry Law 2011;39 432-434
http://www.jaapl.org/cgi/content/full/39/3/432

Due Process Violation When Prosecutors Failed to Provide Mental Health Evidence

Natalie J. Brush-Strode and Jeremy Hinton

J Am Acad Psychiatry Law 2011;39 434-437
http://www.jaapl.org/cgi/content/full/39/3/434

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Books and Media

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Principles and Practice of Child and Adolescent Forensic Mental Health

Cheryl D. Wills

J Am Acad Psychiatry Law 2011;39 438-439
http://www.jaapl.org/cgi/content/full/39/3/438

Applying Psychology to Criminal Justice

Babatunde Adetunji

J Am Acad Psychiatry Law 2011;39 439-440
http://www.jaapl.org/cgi/content/full/39/3/439

Clinical Neuropsychology in the Criminal Forensic Setting

Roberta Stellman

J Am Acad Psychiatry Law 2011;39 440-442
http://www.jaapl.org/cgi/content/full/39/3/440

Poems on Loss, Hope and Healing

Kenneth S. Robson

J Am Acad Psychiatry Law 2011;39 442
http://www.jaapl.org/cgi/content/full/39/3/442

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Letters

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LETTERS

George F. Parker

J Am Acad Psychiatry Law 2011;39 443-444
http://www.jaapl.org/cgi/content/full/39/3/443

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The factor structure of the French WISC-IV: Dr. Philippe Golay presentation

Thanks to Dr. Philippe Golay for sharing a copy of a poster presentation ("Revisiting the factor structure of the French WISC-IV: Insights through Bayesian structural equation modeling (BSEM)" he is presenting Monday at the 12th Congress of the Swiss Psychological Society.

Double click on image to enlarge and click here for PDF copy of the poster.


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intelligence IQ tests IQ testing IQ scores CHC intelligence theory CHC theory Cattell-Horn-Carroll human cognitive abilities psychology school psychology individual differences cognitive psychology neuropsychology neuroscience psychology special education educational psychology psychometrics psychological assessment psychological measurement IQs Corner general intelligence intelligent IQ testing validity intellectual assessment WISC-IV French WISC-IV

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More on neuroscience and criminal law@DrAthenaStaik, 9/8/11 9:56 AM

Athena Staik, Ph.D. (@DrAthenaStaik) 9/8/11 9:56 AM Neuroscience & criminal law change--a call to shift awy frm punitve to restorative justice? http://t.co/uTS2yYA #neuroscience RT @IbiHasan

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FYiPOST: Fontaine on Psychopathy and Culpability - Neuroethics & Law Blog

http://kolber.typepad.com/ethics_law_blog/2011/09/fontaine-on-psychopathy-and-culpability.html

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Educational Psychologist

Atkins MR/ID Death Penalty Court Decisions: If ID/MR, why not MI (mental illness)? Two recent death penalty court decisions

It was only a matter of time before non-ID death penalty cases, where a client is purported to have mental illness, cites Atkins as a mitigating factor. Thanks to Kevin Foley for drawing my attention to the Texas case of Ripkowski v Thaler (TX, 2011) and the Ohio case of Lang v Ohio (2011).

Both cases deal with the suggestion that Atkins v Virginia should be extended to defendants with mental illness. As the concurring opinion in Lang stated, "If executing persons with mental retardation/ developmental disabilities or executing juveniles offends “evolving standards of decency,” Roper, 543 U.S. at 563, 125 S.Ct. 1183, 161 L.Ed.2d 1, then I simply cannot comprehend why these
same standards of decency have not yet evolved to also prohibit execution of
persons with severe mental illness at the time of their crimes." Lang, pg 76

The decisions indicate that the courts do not yet want to go down this "slippery slope."


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FYiPOST: Neuroscience causing courts headaches@TheBrainScience, 9/7/11 4:37 AM

Brain Science (@TheBrainScience) 9/7/11 4:37 AM Neuroscience causes court headaches http://t.co/ZeLYjeb

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Kevin McGrew, PhD

Educational Psychologist

FYiPOST: Top-Ten Recent SSRN Downloads

in criminal law and procedure ejournals are here. The usual disclaimers apply. Rank Downloads Paper Title 1 442 Who's Better at Defending Criminals? Does Type of Defense Attorney Matter in Terms of Producing Favorable Case Outcomes Thomas H. Cohen, U.S....

http://lawprofessors.typepad.com/crimprof_blog/2011/09/top-ten-recent-ssrn-downloads.html

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Educational Psychologist

Dissertation Dish: Two new neuropsych studies involving WJ III, D-KEFS and NEPSY

Examining the concurrent validity of visual and auditory attention tasks of the D-KEFS, NEPSY, and WJ III COG using structural equation modeling
by Mortimer, Jordana E., Ph.D., Texas Woman's University, 2011 , 247 pages; AAT 3464568

Abstract

Attention is a broad cognitive function that is thought to be a foundational skill necessary for all other neurocognitive operations. Differences in theoretical orientations have led to a lack of consensus regarding a specific definition of attention. Because attention theories have a direct impact upon cognitive assessments, continued debate has resulted in a failure to establish appropriate tasks which measure attention constructs. The purpose of this study was to determine the concurrent validity of the attention subscales of three commonly administered neurocognitive instruments: the Woodcock Johnson III Tests of Cognitive Abilities (WJ III COG; Woodcock, McGrew, & Mather, 2001c; Woodcock et al., 2007), the NEPSY: A Development Neuropsychological Assessment (Korkman, Kirk, & Kemp, 1998), and the Delis-Kaplan Executive Function System (D-KEFS; Delis, Kaplan, & Kramer, 2001). Additionally, this study examined the underlying factor structure of the D-KEFS, NEPSY, and WJ III COG, and their fit with four theories of attention. The four theories which were analyzed are Mirsky and colleagues' (1991) model of attention, the Cattell-Horn-Carroll model of cognitive abilities (CHC theory; McGrew, 2005), the Conceptual Model for School Neuropsychological Assessment (SNP model; Miller, 2007, 2010), and a model which examines tasks based on auditory and visual modalities. Data was extracted from archival case studies submitted to the KIDS, Inc.'s School Neuropsychology Post-Graduate Certification Program, which included a mixed clinical sample of children, age 8 through 12. Correlations were utilized to determine relationships among attention subtests. Some evidence demonstrated similar internal consistency of the attention subtests within both the WJ III COG and the NEPSY. Less evidence was provided in support of the internal validity of the D-KEFS. Relationships between the theories and attention subtests were examined using structural equation modeling. Confirmatory factor analysis (CFA) was conducted to determine how well the various attention theories fit with the attention subtests. Results from the CFA, demonstrated the model which assessed attention using visual and auditory modalities indicated the best fit with the sample data when compared to the other models. Limitations of the current investigation as well as suggestions for future studies are also discussed.



Validity of executive functioning tasks across the WJ III COG, NEPSY, and D-KEFS in a clinical population of children: Applicability to three neurocognitive theoriesby Avirett, Erin K., Ph.D., Texas Woman's University, 2011 , 244 pages; AAT 3464570

Abstract

Inconclusive research regarding the neurocognitive construct of executive functioning has restricted the development of valid pediatric executive functioning assessments (Floyd et al., 2006: Maricle, Johnson, & Avirett, 2010). Misunderstandings in the research have led to divergent executive functioning theories and assessment tasks. Therefore. it cannot be assumed that all executive functioning instruments are measuring the same construct. Given the common inclusion of executive functioning tasks in pediatric neuropsychological evaluations (Stuss & Alexander, 2000), it is important to determine the validity of executive functioning theories and assessment tools. Furthermore, because these evaluations are often administered to children with clinical diagnoses, it is important to assess validity issues with this group. Therefore, this study aimed to determine the concurrent validity of the executive functioning subscales of three commonly utilized neurocognitive instruments: the Woodcock Johnson III Tests of Cognitive Abilities (WJ III COG; Woodcock, McGrew, & Mather, 2001c), the NEPSY (Korkman, Kirk, & Kemp, 1998), and the Delis Kaplan Executive Function System (D-KEFS; Delis, Kaplan, & Kramer, 2001). An associated purpose of this study was to determine the underlying factor structure of the WJ III COG, NEPSY, and D-KEFS, and their fit with three theories of executive functioning. The three theories that were analyzed include the Anderson, Levin, and Jacob (2002) model of executive functioning, the Cattell-Horn-Carroll theory of cognitive abilities (CHC theory; McGrew, 2005), and the Conceptual Model for School Neuropsychological Assessment (SNP model; Miller, 2007, 2010). Archival data was extracted from school neuropsychology case study reports. Children from a clinical sample, aged 8 through 12, were included in the study. Bivariate correlations were conducted in order to determine relationships among executive functioning subtests. These analyses revealed that executive functioning subtests appear to be measuring distinct abilities and are not interchangeable. Furthermore; the reliable use of most of these subtests within a clinical population was indicated. Level of fit between executive functioning models and sample data was depicted using structural equation modeling and analyzed using confirmatory factor analysis. The SNP conceptual model indicated the best fit with sample data.



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FYiPOST: Another “Brain Mitigation” Criminal Sentence from Italy

Two years ago, an Italian appellate court made the news by reducing the sentence of a murderer, Abdelmalek Bayout, based on brain scan evidence and on his possession of certain genetic variations, including the "low activity" version of the MAO-A gene.  Nature 2009.  The trial court had cut about three years off of what was expected to have been a 12 year sentence because of issues of mental illness; the appellate court, after getting a more detailed report, shortened the sentence by yet another year.

(click link for rest of story at original blog)

http://blogs.law.stanford.edu/lawandbiosciences/2011/09/03/another-brain-mitigation-criminal-sentence-from-italy/

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Educational Psychologist

Review of Earl Hunts "Human Intelligence" available via PsycCRITIQUES

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intelligence IQ tests IQ testing IQ scores CHC intelligence theory CHC theory Cattell-Horn-Carroll human cognitive abilities psychology school psychology individual differences cognitive psychology neuropsychology neuroscience psychology special education educational psychology psychometrics psychological assessment psychological measurement IQs Corner general intelligence intelligent IQ testing validity intellectual assessment Earl Hunt

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