Intellectual Competence & the Death Penalty: 2022

Monday, December 19, 2022

Psychological Testing in Forensic Contexts Conducted Remotely | Journal of the American Academy of Psychiatry and the Law

Psychological Testing in Forensic Contexts Conducted Remotely | Journal of the American Academy of Psychiatry and the Law
https://jaapl.org/content/50/4/529.abstract?etoc

Abstract
The use of videoconferencing technology to conduct forensic psychiatric and forensic psychological evaluations remotely has grown considerably in the last decade. This commentary addresses a number of points made by Recupero regarding the use of remote technology to conduct forensic psychiatric evaluations. These points include the research supporting telepsychiatry and its generalizability to forensic assessment, the error rate associated with remote forensic assessment, and its general acceptance in the field. The commentary also considers the inclusion of psychological testing and specialized forensic measures in forensic assessment and describes criteria for considering tests and measures that can reasonably be included in a remotely conducted forensic assessment.

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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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Thursday, December 1, 2022

Ongoing trends of human intelligence - ScienceDirect

Ongoing trends of human intelligence - ScienceDirect
https://www.sciencedirect.com/science/article/abs/pii/S0160289622000897?via%3Dihub

Abstract
The aim of the study is to estimate the most recent trends of intelligence world-wide. We find that the most recent studies report mainly positive Flynn effects in economically less developed countries, but trivial and frequently negative Flynn effects in the economically most advanced countries. This is confirmed by an analysis of 48 countries in the 2000–2018 PISA tests, showing that high pre-existing IQ and school achievement are the best predictors of declining test scores. IQ gaps between countries are still large (e.g., 19 IQ points in PISA between East Asia and South Asia) but are diminishing world-wide. We predict that these trends, observed in adolescents today, will reduce cognitive gaps between the working-age populations of countries and world regions during coming decades. As is predicted by the well-established relationship between intelligence and economic growth, there is already evidence that the ongoing cognitive convergence is paralleled by global economic convergence. These developments raise questions as to how long this cognitive and economic convergence will continue, whether it will eliminate cognitive and economic gaps between countries entirely, and whether a condition with high levels of cognitive ability and economic prosperity is sustainable long-term.

Tuesday, November 15, 2022

Domain-specificity of Flynn effects in the CHC-model: Stratum II test score changes in Germanophone samples (1996–2018) - ScienceDirect

Domain-specificity of Flynn effects in the CHC-model: Stratum II test score changes in Germanophone samples (1996–2018) - ScienceDirect
https://www.sciencedirect.com/science/article/pii/S0160289622000885

Generational IQ test score changes (the Flynn effect) were globally positive over large parts of the 20th century. However, accumulating evidence of recent studies shows a rather inconsistent pattern in past decades. Patterns of recently observed test score changes appeared to be markedly different in strength and even signs between countries and domains. Because of between-study design differences and data availability in terms of differing IQ domains, it is so far unclear if these inconsistencies represent a consequence of differences in Flynn effect trajectories between countries, covered time-spans, or investigated IQ domains. Here, we present data from 36 largely population-representative Germanophone standardization samples from 12 well-established psychometric tests (17 subtests) of 10 stratum II domains from 1996 to 2018, thus providing a comprehensive assessment of domain-specific changes according to the Cattell-Horn-Carroll intelligence model. Examination of both raw score and measurement-invariant latent mean changes yielded positive (comprehension-knowledge, learning-efficiency, domain-specific knowledge), negative (working memory capacity), stagnating (processing speed, reading and writing), and ambiguous (fluid reasoning, reaction and decision speed, quantitative knowledge, visual processing) stratum II Flynn effects. This means that in the present sample, the Flynn effect is surprisingly differentiated on domain level and does not conform to the frequently observed IQ test score gains in crystallized and fluid intelligence. These findings could be attributed to either (i) a so far undetected domain-specificity of the Flynn effect due to an unavailability of test data beyond crystallized and fluid domains or (ii) a symptom for an impending stagnation of the Flynn effect.

Tuesday, November 1, 2022

Following up after Moore and Hall: A national survey of state legislation defining intellectual disability. - PsycNET

Following up after Moore and Hall: A national survey of state legislation defining intellectual disability. - PsycNET
https://psycnet.apa.org/record/2023-13777-001

Citation
Flack, D., Fishel, S., Wiltsie, K., Kudatzky, A., & DeMatteo, D. (2022). Following up after Moore and Hall: A national survey of state legislation defining intellectual disability. Psychology, Public Policy, and Law.Advance online publication. https://doi.org/10.1037/law0000372

Abstract
Since the Supreme Court's decision in Atkins v. Virginia (2002), state legislatures have struggled to define intellectual disability as it relates to death penalty eligibility. In Hall and Moore, the Court rejected bright-line cutoffs based on IQ score and suggested that medical definitions of intellectual disability should be consulted. With limited guidance from the Supreme Court, state definitions of intellectual disability can vary considerably. This study identified the legislative definitions of intellectual disability in all 50 states and reviewed relevant case law when applicable. Results show that definitions of intellectual disability significantly vary by state, and few states with active death penalty statutes comply with the accepted medical definitions for intellectual disability. These results have significant clinical and policy implications for defendants with intellectual disability, as well as practical implications for forensic mental health professionals who conduct evaluations of individuals facing the death penalty. (PsycInfo Database Record (c) 2022 APA, all rights reserved)

Friday, October 28, 2022

Assessment: The power and potential of psychological testing, educational measurement, and program evaluation around the world. - PsycNET

Assessment: The power and potential of psychological testing, educational measurement, and program evaluation around the world. - PsycNET
https://psycnet.apa.org/doiLanding?doi=10.1037%2F0000311-003

Assessment is a broad, globally relevant, and much-needed area of inquiry and practice—with tremendous power and potential. Psychologists are leaders and experts in assessment, with specialized knowledge in research design; statistics; and, of course, psychological testing, measurement, and evaluation. This chapter discusses assessment broadly, focusing on its centrality to psychology and research. It also discusses contemporary national assessment practices considering the "big four" specialties: clinical, counseling, school, and industrial/organizational psychology. The chapter presents basic competencies, including what applied psychologists do in the United States. It discusses three important international assessment topics: psychological testing, educational measurement, and program evaluation. The chapter explains cross-cultural issues in assessment, including test translation and adaptation. It highlights challenges, opportunities, and cutting edge exemplars, including therapeutic assessment, formative educational testing and item development, and transformative program evaluation. The chapter offers practical suggestions for developing global assessment competencies and participating in the international assessment community. (PsycInfo Database Record (c) 2022 APA, all rights reserved)

Friday, September 2, 2022

Neurodevelopmental Disorders, Criminality, and Criminal Responsibility | Journal of the American Academy of Psychiatry and the Law

Neurodevelopmental Disorders, Criminality, and Criminal Responsibility | Journal of the American Academy of Psychiatry and the Law
http://jaapl.org/content/50/3/358.abstract?etoc

Abstract
Although individuals with neurodevelopmental disorders (ND), such as intellectual disability (ID) and autism, are overrepresented in the criminal justice system, most psychiatry training is limited regarding NDs, and forensic psychiatry training tends to focus on psychotic and mood disorders. This article explores the complex interactions between NDs and criminality, including direct etiological explanations and potential mediating variables (e.g., trauma), to address common training gaps. We compare and contrast current laws relevant to assessing NDs in criminal responsibility evaluations. Not guilty by reason of insanity (NGRI) criteria vary by jurisdiction, with some specifying ID as one possible insanity defense prerequisite while most jurisdictions are nonspecific. NDs in the absence of psychosis or mania often involve impaired cognition (e.g., comprehension, reasoning, social cognition) and behavioral dysregulation. This article provides potential scenarios by which those with NDs might be competent to stand trial but qualify for one or more NGRI prongs. Suggestions for assessment methods (including for malingering) are addressed for this unique population.

Monday, August 29, 2022

J. Intell. | Special Issue : Assessment of Human Intelligence—State of the Art in the 2020s

J. Intell. | Special Issue : Assessment of Human Intelligence—State of the Art in the 2020s
https://www.mdpi.com/journal/jintelligence/special_issues/LRE0G69EF7

Thursday, February 3, 2022

Law Review Article: Broderick (2022). Executing defendents with intellectual disabilities: Unconstitutional in theory, persistent in practice

Abstract:

In 2002, in Atkins v. Virginia, the Supreme Court abolished the death penalty for defendants with intellectual disabilities. The Court held that executing individuals with intellectual disabilities is cruel and unusual punishment, violating the Eighth Amendment. The Court afforded the states the power to define intellectual disability for the purpose of death penalty eligibility. Post-Atkins cases reveal that the states have composed superficial and oversimplified definitions of intellectual disability. State definitions lack consistency and include nonclinical standards. As a result, courts continue to sentence defendants with intellectual disabilities to death. This Note argues that states should adopt a uniform definition of intellectual disability for the purpose of death penalty eligibility and proposes a model standard in line with clinical standard

Article link.

Thursday, January 27, 2022

J. Intell. | Free Full-Text | Linguistic Influences on Cognitive Test Performance: Examinee Characteristics Are More Important than Test Characteristics

J. Intell. | Free Full-Text | Linguistic Influences on Cognitive Test Performance: Examinee Characteristics Are More Important than Test Characteristics
https://www.mdpi.com/2079-3200/10/1/8

Tuesday, January 4, 2022

SCOTUS to hear Georgia’s Atkins ID death penalty “beyond reasonabledoubt” law

https://www.nytimes.com/2022/01/03/us/politics/supreme-court-death-penalty-intellectual-disability.html?referringSource=articleShare

Intellectual Competence & the Death Penalty