Showing posts with label mental retardation. Show all posts
Showing posts with label mental retardation. Show all posts

Thursday, March 1, 2012

IAP101 Brief #12: Use of IQ component part scores as indicators of general intelligence in SLD and MR/ID diagnosis

   
            Historically the concept of general intelligence (g), as operationalized by intelligence test battery global full scale IQ scores, has been central to the definition and classification of individuals with a specific learning disability (SLD) as well as individuals with an intellectual disability (ID).  More recently, contemporary definitions and operational criteria have elevated intelligence test battery composite or part scores to a more prominent role in diagnosis and classification of SLD and more recently in ID.
            In the case of SLD, third-method consistency definitions prominently feature component or part scores in (a) the identification of consistency between low achievement and relevant cognitive abilities or processing disorders and (b) the requirement that an individual demonstrate relative cognitive and achievement strengths (see Flanagan, Fiorello & Ortiz, 2010).  The global IQ score is de-emphasized in the third-method SLD methods.
            In contrast, the 11th edition of the AAIDD Intellectual Disability: Definition, Classification, and Systems of Supports manual (AAIDD, 2010) placed general intelligence, and thus global composite IQ scores, as central to the definition of intellectual functioning.  This has not been without challenge.  For example, the AAIDD ID definition has been criticized for an over-reliance on the construct of general intelligence and for ignoring contemporary psychometric theoretical and empirical research that has converged on a multidimensional hierarchical model of intelligence (viz., Cattell-Horn-Carroll or CHC theory).
The potential constraints of the “ID-as-a-general-intelligence-disability” definition was anticipated by the Committee on Disability Determination for Mental Retardation, in its National Research Council report “Mental Retardation:  Determining Eligibility for Social Security Benefits” (Reschly, Meyers & Hartel, 2001).  This national committee of experts concluded that “during the next decade, even greater alignment of intelligence tests and the IQ scores derived from them and the Horn-Cattell and Carroll models is likely.  As a result, the future will almost certainly see greater reliance on part scores, such as IQ scores for Gc and Gf, in addition to the traditional composite IQ.  That is, the traditional composite IQ may not be dropped, but greater emphasis will be placed on part scores than has been the case in the past” (Reschly et al., 2002, p. 94).  The committee stated that “whenever the validity of one or more part scores (subtests, scales) is questioned, examiners must also question whether the test’s total score is appropriate for guiding diagnostic decision making.  The total test score is usually considered the best estimate of a client’s overall intellectual functioning.  However, there are instances in which, and individuals for whom, the total test score may not be the best representation of overall cognitive functioning.” (p. 106-107).
            The increased emphasis on intelligence test battery composite part scores in SLD and ID diagnosis and classification raises a number of measurement and conceptual issues (Reschly et al., 2002).  For example, what are statistically significant differences?  What is a meaningful difference?  What appropriate cognitive abilities should serve as proxies of general intelligence when the global IQ is questioned?  What should be the magnitude of the total test score? 
Appropriate cognitive abilities will only be the only issue discussed here.  This issue addresses  which component or part scores are more correlated with general intelligence (g)—that is, what component part scores are high g-loaders?  The traditional consensus has been that measures of Gc (crystallized intelligence; comprehension-knowledge) and Gf (fluid intelligence or reasoning) are the highest g-loading measures and constructs and are the most likely candidates for elevated status when diagnosing ID (Reschly et al., 2002).  Although not always stated explicitly, the third method consistency SLD definitions specify that an individual must demonstrate “at least an average level of general cognitive ability or intelligence” (Flanagan et al., 2010, p.745), a statement that implicitly suggests cognitive abilities and component scores with high g-ness.
Table 1 is intended to provide guidance when using component part scores in the diagnosis and classification of SLD and ID (click on images to enlarge and use the browser zoom feature  to view; it is recommended you click here to access a PDF copy of the table..and also zoom in on it).  Table 1 presents a summary of the comprehensive, nationally normed, individually administered intelligence batteries that possess satisfactory psychometric characteristics (i.e., national norm samples, adequate reliability and validity for the composite g-score) for use in the diagnosis of ID and SLD.



The Composite g-score column lists the global general intelligence score provided by each intelligence battery.  This score is the best estimate of a persons general intellectual ability, which currently is most relevant to the diagnosis of ID as per AAIDD.  All composite g-scores listed in Table 1 meet Jensens (1998) psychometric sampling error criteria as valid estimates of general intelligence.  As per Jensens number of tests criterion, all intelligence batteries g-composites are based on a minimum of nine tests that sample at least three primary cognitive ability domains.  As per Jensens variety of tests criterion (i.e., information content, skills and demands for a variety of mental operations), the batteries, when viewed from the perspective of CHC theory, vary in ability domain coveragefour (CAS, SB5), five (KABC-II, WISC-IV, WAIS-IV), six (DAS-II) and seven (WJ III) (Flanagan, Ortiz & Alfonso, 2007; Keith & Reynolds, 2010).   As recommended by Jensen (1998), the particular collection of tests used to estimate g should come as close as possible, with some limited number of tests, to being a representative sample of all types of mental tests, and the various kinds of test should be represented as equally as possible (p. 85).  Users should consult sources such as Flanagan et al. (2007) and Keith and Reynolds, 2010) to determine how each intelligence battery approximates Jensens optimal design criterion, the specific CHC domains measured, and the proportional representation of the CHC domains in each batteries composite g-score.
Also included in Table 1 are the component part scales provided by each battery (e.g., WAIS-IV Verbal Comprehension Index, Perceptual Reasoning Index, Working Memory Index, and Processing Speed Index), followed by their respective within-battery g-loadings.[1]  Examination of the g-ness of composite scores from existing batteries (see last three columns in Table 1) suggests the traditional assumption that measures of Gf and Gc are the best proxies of general intelligence may not hold across all intelligence batteries.[2] 
In the case of the SB5, all five composite part scores are very similar in g-loadings (h2 = .72 to .79).  No single SB5 composite part score appears better than the other SB5 scores for suggesting average general intelligence (when the global IQ score is not used for this purpose).  At the other extreme is the WJ III where the Fluid Reasoning, Comprehension-Knowledge, Long-term Storage and Retrieval cluster scores are the best g-proxies for part-score based interpretation within the WJ III.  The WJ III Visual Processing and Processing Speed clusters are not composite part scores that should be emphasized as indicators of general intelligence.  Across all batteries that include a processing speed component part score (DAS-II, WAIS-IV, WISC-IV, WJ III) the respective processing speed scale is always the weakest proxy for general intelligence and thus, would not be viewed as a good estimate of general intelligence. 
            It is also clear that one cannot assume that composites with similar sounding names of measured abilities should have similar relative g-ness status within different batteries.  For example, the Gv (visual-spatial or visual processing) clusters in the DAS-II (Spatial Ability), SB5 (Visual-Spatial Processing) are relatively strong g-measures within their respective battery, but the same cannot be said for the WJ III Visual Processing cluster.  Even more interesting are the differences in the WAIS-IV and WISC-IV relative g-loadings for similarly sounding index scores. 
For example, the Working Memory Index is the highest g-loading component part score (tied with Perceptual Reasoning Index) in the WAIS-IV but is only third (out of four) in the WISC-IV.   The Working Memory Index is comprised of the Digit Span and Arithmetic subtests in the WAIS-IV and the Digit Span and the Letter-Number Sequencing subtests in the WISC-IV.  The Arithmetic subtest has been reported to be a factorially complex test which may tap fluid intelligence (Gf-RQ—quantitative reasoning), quantitative knowledge (Gq), working memory (Gsm), and possible processing speed (Gs; Keith & Reynolds, 2010; Phelps, McGrew, Knopik & Ford, 2005).   The factorially complex characteristics of the Arithmetic subtest (which, in essence, makes it function like a mini-g proxy) would explain why the WAIS-IV Working Memory Index is a good proxy for g in the WAIS-IV but not in the WISC-IV. The WAIS-IV and WISC-IV Working Memory Index scales, although named the same, are not measuring identical constructs.

A critical caveat is that the g-loadings cannot be compared across different batteries.  g-loadings may change when the mixture of measures included in the analyses change.  Different "flavors" of g can result (Carroll, 1993; Jensen, 1998). The only way to compare the g-ness across batteries is with appropriately designed cross- or joint-battery analysis (e.g., WAIS-IV, SB5 and WJ III analyzed in a common sample).
The above within and across intelligence battery examples illustrates that those who use component part scores as an estimate of a person’s general intelligence must be aware of the composition and psychometric g-ness of the component scores within each intelligence battery.  Not all component part scores in different intelligence batteries are created equal (with regard to g-ness).  Also, not all similarly named factor-based composite scores may measure the same identical construct and may vary in degree of within battery g-ness.  This is not a new problem in the context of naming factors in factor analysis, and by extension, factor-based intelligence test composite scores, Cliff (1983) described this nominalistic fallacy in simple language—“if we name something, this does not mean we understand it” (p. 120). 




[1] As noted in the footnotes in Table 1, all composite score g-loadings were computed by Kevin McGrew by entering the smallest number (and largest age ranges covered) of the published correlation matrices within each intelligence batteries technical manual (note the exception for the WJ III) in order to obtain an average g-loading estimate.  It would have been possible to calculate and report these values for each age-differentiated correlation matrix for each intelligence battery.  However, the purpose of this table is to provide the best possible average value across the entire age-range of each intelligence battery.  Floyd and colleagues have published age-differentiated g-loadings for the DAS-II and WJ III.  Those values were not used as they are based on the use of the principal common factor analysis method, a method that  analyzes the reliable shared variance among tests.  Although principal factor and principal component loadings typically will order measures in the same relative position, the principal factor loadings typically will be lower.  Given that the imperfect manifest composite scale scores are those that are utilized in practice, and to also allow uniformity in the calculation of the g-loadings reported in Table 1, principal component analysis was used in this work. The same rationale was used for not using the latent factor loadings on a higher-order g-factor in SEM/CFA analysis of each test battery.  Loadings from CFA analyses represent the relations between the underlying theoretical ability constructs and g purged of measurement error.  Also, frequently the final CFA solutions reported in a batteries technical manual (or independent journal articles) allow tests to be factorially complex (load on more than one latent factor), a measurement model that does not resemble the real world reality of the manifest/observed composite scores used in practice.  Latent factor loadings on a higher-order g-factor will often differ significantly from principal component loadings based on the manifest measures, both in absolute magnitude and relative size (e.g., see high Ga loading on g in WJ III technical manual which is at variance with the manifest variable based Ga loading reported in Table 1) 
[2] The h2 values are the values that should be used to compare the relative amount of g-variance present in the component part scores within each intelligence battery.

Tuesday, February 1, 2011

Special journal issue on Forensic Research in Offenders with Intellectual & Developmental Disabilities

Thanks to Karen Salekin for alerting me to a two-part special issue of Psychology, Crime and Law: Forensic Research in Offenders with Intellectual & Developmental Disabilities. I've provided picture images of the table of contents below. The actual TOC and articles for the two issues can be accessed here and here.

Double click on images to enlarge







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Thursday, November 11, 2010

Research brief: More support for Flynn effect --study with MR/ID adults




Nijman, E. E., Scheirs, J. G. M., Prinsen, M. J. H., Abbink, C. D., & Blok, J. B. (2010). Exploring the Flynn effect in mentally retarded adults by using a nonverbal intelligence test for children. Research in Developmental Disabilities, 31(6), 1404-1411.

Abstract

Increases in the scores on IQ tests across generations have been called the Flynn effect (FE). One of the unresolved questions is whether the FE affects all subsamples of the intellectual ability distribution equally. The present study was aimed at determining the size of the FE in moderately mentally retarded individuals. A nonverbal intelligence test developed for children, the Snijders-Oomen Nonverbal Intelligence Test (SON), was administered to 32 retarded adults with a mental age of 3–6 years. Sixty-nine children with a biological age in the same range and with normal intelligence served as a comparison group. Both an older and a more recent version of the SON were presented to all participants in a counterbalanced order. The proportion of items answered correctly was taken as a measure of the dependent variable. It was found that a FE existed in both the group of children and in the group of retarded adults, but that the FE was largest in the latter group. The importance of not using obsolete test norms when diagnosing mental retardation was stressed, and possible causes of the Flynn effect were discussed.
Article Outline




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Friday, October 8, 2010

Dr. Keyes and Dr. Blandino on malingering and retrspective MR/ID Dx in Atkins DP cases


Thanks to Dr. Denis Keyes and Dr. Sal Blandino for making their joint PPT slide presentations, which were part of a 2010 AAIDD Atkins MR/ID Death Penalty Symposium, available for viewing via my SlideShare account (click here).  The file is available for viewing on-line but the download feature has been disabled.  If you want to read a brief summary of the presentation, click here. Contact information for each presenter is on their last slide.

Two other PPT shows (by Stephen Greenspan and John Blume) that were part of this symposium can be found by clicking here and here.


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Tuesday, September 7, 2010

Court Decision: White v KY (2010): Ake (indigent defense) Atkins-related decision

Just the other day I made an FYI iPost re: two recent policy papers addressing failures in the indigent criminal defense system.  This reminded me that the Kevin Foley, a regular contributor to the ICDP blog, had forwarded me a recent KY Supreme Court Atkins-related decision that relates to indigent defense rights.  In legal circles this is called an Ake issue, referring to the relevant SCOTUS decision.  In Ake v. Oklahoma, 470 U.S. 68, 76, 105 S. Ct. 1087, 84 L. Ed. 2d 53 (1985), SCOTUS held that the failure to provide an expert to an indigent defendant deprived him of a fair opportunity to present his defense and violated due  process.

The Karu White v KY (2010)  case case presents an interesting and important issue that is often seen in Atkins cases. An Ake issue concerns the state's obligation to provide expert assistance to an indigent  defendant. 

The trial court refused to provide White with funding for his own private expert (to determine his MR/ID status as per Atkins) and ruled that White could be assessed by a department of corrections psychologist.  White sued the trial judge in the KY Supreme Court in a writ of prohibition action, asking the Supreme Court to "prohibit" the trial judge from enforcing his order.  The KY Supreme Court said no, apparently concluding that White had not shown that a private expert is reasonably necessary for a full presentation of White's case.

But Ake involved an insanity defense situation, pre-conviction, as did one of the Kentucky cases cited by the court in White. It appears that some judges seem to think there is a lesser right involved if involved if the matter comes after the defendant has already been convicted. 

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Monday, August 30, 2010

But he doesn't look mentally retarded! Guest post by Kevin Foley on incorrect MR/ID stereotypes

 Kevin Foley, a regular guest blogger and tremendous source of information for the ICDP blog, has provided the following interesting post about the common problem of incorrect stereotypes re: individuals with mild MR/ID.  Thanks again Kevin.

How would a person with mild mental retardation (intellectual disability) act in a courtroom?  I do not know, nor can I find any scientific research that would provide guidance.  But, apparently, some judges feel that they have some sort of special insight into this issue.  Two federal courts have approved trial court findings that persons – both of whom alleged they were mentally retarded – simply did not look and act as if they were mentally retarded.  In the matter concerning James Lee Henderson, where the state court concluded that Henderson was not mentally retarded, “The trial judge also explicitly relied upon his personal knowledge and recollection of Henderson’s in-court demeanor during both the trial and [the state court] habeas hearing.” Henderson v. Quarterman,  U.S.D.C., E.D. Tex., Civil Action No. 1:06-CV-507 (filed Mar. 31, 2008), slip op. at pg. 10.

In an appeal from a denial of a disability claim, the federal appeals court stated, “The ALJ did not err in discrediting Hine’s IQ scores as there is substantial evidence in the record to support this decision. . . . Second, the ALJ found Hines’s demeanor at the hearing inconsistent with a finding of retardation.”  Hines v. Astrue, Case No. 07-3788 (8th Cir., Mar. 25, 2009), slip op. at 6.

The primary problem with the above cases is there is no reliable way to distinguish those who just barely qualify as “mentally retarded” from those who just barely miss qualifying – simply by the way they act in the formal setting of a courtroom – or elsewhere.  As Professor Karen Salekin and colleagues noted, “in comparison with their more severely disabled counterparts, individuals with mild ID are less likely to be identified as having a disability because their outward presentation is not recognizably different from the nonimpaired population.” Karen L. Salekin, et al, Offenders With Intellectual Disability: Characteristics, Prevalence, and Issues in Forensic Assessment, 3 J. Mental Health Res. Intell. Disab. 97 (2010). [Blogmaster comment - I previously reviewed this article in a prior post].

 The findings in Henderson and Hines bring to mind Justice Potter Stewart’s now famous words in his concurrence in the pornography case, Jacobellis v. Ohio, 378 U.S. 184 (1964) (Stewart, J.,concurring), that he could not define pornography, “But I know it when I see it”.  However, the assessment and diagnosis of intellectual disability is not like pornography. There are formal instruments for assessing intellectual functioning and adaptive behavior, and experts who are well-qualified in expressing opinions of whether an individual meets the diagnostic criteria.  It should not boil down to judges, who are not qualified to do so, saying, “I can’t tell you exactly how a mentally retarded person would look and act in a courtroom, but I know it when I see it, and he ain’t mentally retarded.”

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Wednesday, August 25, 2010

Comments by an "Eminence Grise": Stephen Greenspan's 2010 AAIDD Atkins MR/ID Death Penalty Symposium commentary



Thanks to Dr. Stephen Greenspan for making his PPT slide presentation, which was part of a 2010 AAIDD Atkins MR/ID Death Penalty Symposium, available for viewing via my SlideShare account (click here).  The file is available for viewing on-line but the download feature has been disabled.  If you want to read a brief summary of the presentation, which includes a link to Greenspan's web page, click here.

Kudos and thanks to Steven.

Peer pressure is now on to have all PPT modules put on-line...including my own...which I will need to construct since I, for the first time EVER, did my presentation from written notes due to time constraints  (darn).

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Monday, June 28, 2010

Research Brief 6-28-2010: Characteristics of criminal offenders with and without mild MR/ID

I previously made an iPost about this article.  I've finally read it.  I believe the information on the characteristics of offenders with and without MR/ID is particularly useful, esp. for fighting some of the common stereotypes of individuals with mild MR/ID.  I am only presenting select information from the article.  The article deals with other topics not highlighted here.

Salekin, Karen L. , Olley, J. Gregory and Hedge, Krystal A.(2010. Offenders With Intellectual Disability: Characteristics, Prevalence, and Issues in Forensic Assessment.  Journal of Mental Health Research in Intellectual Disabilities, 3(2), 97 — 116

Abstract
Although the problem of people with disabilities as victims of crime has been well recognized, the known characteristics of people with intellectual disabilities (ID) also make them vulnerable to becoming perpetrators of crimes. Most such crimes are minor, but the 2002 Atkins v. Virginia decision called national attention to people with ID and people with dual diagnoses who commit capital crimes. This article reviews the data on offenders with intellectual and dual disabilities and the challenges related to their diagnoses and their roles in the criminal justice system. Offenders with ID are overwhelmingly individuals with mild intellectual disability, and their characteristics largely resemble those of offenders who do not have an ID diagnosis. They do not engage predominantly in any one form of criminal behavior, and their readily identifiable characteristics do not set them apart from offenders without a disability. However, their intellectual limitations make it more difficult for them to understand their Miranda rights; to work effectively with their attorneys; or for those found incompetent to stand trial, to profit from formal programs to restore them to competency. Assessment methods, particularly assessment of malingering of ID, have many limitations when applied in the criminal justice setting.

Below are select highlights extracted from this important article.  All are direct quotes unless otherwise indicated.  Emphasis (italic and/or bold font) made by blogmaster.


COMMON CHARACTERISTICS OF ID AND RELATION TO OFFENDING
  • At the most fundamental level, individuals with ID have problems learning, and it has been suggested that the term general learning disorder may be more accurate than either mental retardation or intellectual disability (Baroff, 1999).
  • Individuals with ID learn more slowly than do typically developing individuals and have significant problems learning abstract concepts and skills.
  • often exhibit cognitive rigidity (see, e.g., Dulaney & Ellis, 1997; Kounin, 1941; Lewin, 1936), have problems with attention (see, e.g., Tomporowski & Tinsley, 1997), demonstrate slow information processing, and have difficulty planning and implementing complex behavior (Ferretti & Cavalier, 1991).
  • have been found to learn via imitation of others and to rely more on cues from others than do typically developing individuals (see Balla & Zigler, 1979, for a review).
  • With regard to offending, it may be that the outerdirectedness and passive learning style of individuals with ID play a role in their becoming involved in the criminal justice system. For example, they may desire to fit in with a group of individuals and may engage in illegal activities in order to do so.
  • In addition to difficulties in formal learning, people with ID commonly have problems in social learning, and impairments in this area can present as personality characteristics. Many studies have shown the tendency of children and adults with ID to have a heightened motivation for social reinforcement (Balla & Zigler, 1979), which can be seen in their tendency to do things to please others.
  • These individuals also tend to have low expectations of success and, consequently, often fail to take initiative (Cromwell, 1963; MacMillan, 1969; Ollendick, Balla, & Zigler, 1971).
  • When considering the three areas of adaptive functioning—conceptual, social, and practical (AAIDD, 2010)—it is in the area of practical skills that the majority of people with ID are more likely to demonstrate success. Individuals with ID are likely to have relative strengths in the acquisition of basic information and in the completion of tasks that are concrete, familiar, and have practical application in everyday life. Skills that can be learned through repetition are usually easier to acquire than are skills that require abstract understanding.
  • An example of a skill set that involves both practical and conceptual skills is that of money use. Suto, Claire, Holland, and Watson (2006) demonstrated that individuals with mild ID can recognize denominations of money and make simple purchases, but they often have problems counting change and budgeting money.
  • Given appropriate educational support, individuals with mild ID can learn to read, write, and become gainfully employed (see, e.g., American Psychiatric Association [APA], 2000, p. 43), but without such supports, they have poor employment potential and are at increased risk for engaging in criminal activity.
  • Once out of school, individuals with IQs at the high end of the mild ID range often blend into the general population; they have friends, marry, have children, and only need assistance during periods of personal or economic stress (APA, 2000; Baroff, 1999).

THE OFFENDER WITH ID Prevalence of ID in the Criminal Justice System
  • Recent data indicate that at any time between 4% and 14% of incarcerated individuals in the United States have a diagnosis of ID (Petersilia, 2000), with rates of 0% to 2.8% reported when examining aggregate data from six countries (Fazel, Xenitidis, & Powell, 2008).
  • Comparison of available research on the prevalence of ID in the criminal justice system is extremely difficult because research samples are not always representative of “true” ID offenders, and the method by which they obtain the data varies substantially among studies
  • it appears that the prevalence of ID in the offender population may be greater than that of the general population, as is the prevalence of low cognitive ability that does not meet threshold for the diagnosis.

Characteristics of Offenders with ID
  • are likely to be functioning at the mild level (IQ approximately 55–70).
  • it would be expected that these individuals have had some success in independent living, have been employed in labor jobs or other jobs that require only limited cognitive skill, and have been part of a social network.
  • individuals with mild ID are less likely to be identified as having a disability because their outward presentation is not recognizably different from the nonimpaired population.
  • due to their limitations in cognitive functioning, they are more vulnerable to the negative influences of typical offenders who reside in the community and, if raised in a home where one or more individuals engage in criminal behavior, they are more likely to follow this course rather than carving out a separate existence.
  • In reality, individuals with ID at the upper end of the continuum are, in most respects, no different from their counterparts who score slightly higher on an IQ test and/or who demonstrate less impairment in day-to-day functioning. Thus, it is not surprising that research has not borne out the previously held notion that ID offenders are fundamentally different from non-ID offenders.
  • There exist a handful of prevalence studies on psychiatric illness and offenders with ID (see, e.g., Jones, 2007; Mannynsala et al., 2009; Riches et al., 2006). Data obtained from an examination of 44 pretrial reports showed that comorbidity was high (prevalence rate of psychiatric illness equal to 89%), with the three most common diagnoses being “any substance abuse/dependence” (68%), alcohol abuse/dependence (45%), and antisocial personality disorder (25%; Mannynsala et al., 2009). Psychotic disorder, obsessive-compulsive disorder, and depressive disorder were low at 5%, 5%, and 2%, respectively.

THE ROLE OF THE FORENSIC MENTAL HEALTH PROFESSIONAL
  • the role of the mental health professional within the legal realm is to provide the trier of fact with “scientific, technical, or other specialized knowledge” (Federal Rules of Evidence Rule 702; hereafter referred to as Rule 702) that assists the Court in making a determination in that case.
  • Issues of importance include the use of abbreviated measures of intelligence (see, e.g., Axelrod, 2002), practice effects on intelligence tests (see, e.g., Basso, Carona, Lowery, & Axelrod, 2002), variability in test scores over time and across setting (see, e.g., Bracken, 1988), validity of measurement of malingering for individuals with ID (see, e.g., Salekin & Doane, 2009), the Flynn effect (see, e.g., Flynn, 1984, 1987, 2009; Hiscock, 2007; Spitz, 1989; Truscott & Frank, 2001), and the use of clinical judgment in the assessment of ID (Schalock & Luckasson, 2005).
ASSESSMENT OF INTELLECTUAL DISABILITY IN THE LEGAL REALM: LEGAL COMPETENCIES
  • With regard to trial level participation, the two most common forensic evaluations are (a) comprehension of Miranda rights and (b) competence to stand trial; this is true regardless of whether the defendant has an ID.
  • Research has consistently found that individuals with ID demonstrate problems understanding their rights and that their suggestibility and tendency to acquiesce make them particularly vulnerable to providing involuntary confessions

CONCLUSIONS
  • Research presented in this review demonstrates that offenders with ID are, in many respects, similar to those who do not have ID. In comparison with nonoffenders, the general offender population tends to have lower measured intelligence, be less educated, come from lower socioeconomic status, and come from chaotic home environments.
  • In fact, we cannot “see” the offender with ID any more obviously than we can “see” the offender without ID. There are no labels on their backs, and there are often no obvious signs that they are impaired enough to warrant attention. That said, underneath what appear to be typical offenders lie true differences in cognitive abilities that can dramatically affect their ability to function within the criminal justice system.

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Friday, April 23, 2010

New MR/ID malingering research study: Existing measures not that good for MR/ID

Shandera, A. L., Berry, D. T. R., Clark, J. A., Schipper, L. J., Graue, L. O., & Harp, J. P. (2010). Detection of Malingered Mental Retardation. Psychological Assessment, 22(1), 50-56. (click here to view)

 Emphasis in abstract and conclusion added by IDCP blogmaster


Abstract

In a cross-validation of results from L. O. Graue et al. (2007), standard psychological assessment instruments, as well as tests of neurocognitive and psychiatric feigning, were administered under standard instructions to 24 participants diagnosed with mild mental retardation (MR) and 10 demographically matched community volunteers (CVH). A 2nd group of 25 community volunteers was instructed to malinger MR (CVM) during testing. CVM participants obtained Wechsler Adult Intelligence Scale (3rd ed.; D. Wechsler, 1997) Full Scale Intelligence Quotient scores that were significantly lower than the demographically similar CVH group but comparable to the MR group, suggesting that CVM subjects feigned cognitive impairment. On the basis of standard cutting scores from test manuals or published articles, of the 11 feigning measures administered, only the Test of Memory Malingering (TOMM; T. N. Tombaugh, 1996) retention trial had a specificity rate >.90 in the MR group. However, the 2nd learning trial of the TOMM, as well as a short form of the Digit Memory Test (T. J. Guilmette, K. J. Hart, A. J. Guiliano, & B. E. Leininger, 1994), approached this level of specificity, with both at .88. These results raise concerns about the specificity rates at recommended cutting scores of commonly used feigning tests in defendants with MR.
Conclusion
Overall, although there were some helpful findings in the present study, broadly speaking, neurocognitive feigning measures derived primarily on the basis of traumatic brain injury samples do not seem to work well in patients with MR. Given the fairly consistent reports to this effect in the published literature, it may well be that a new approach is needed to develop feigning detection instruments that are both sensitive and specific for the evaluation of possible malingered MR. Research assessing a broad array of possible approaches to this issue is clearly needed by the forensic clinical community.
Prior ICDP malingering-related posts, inclusive of the current, can be found by clicking here

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Monday, April 19, 2010

AAIDD June conference sessions relevant to ID/MR Dx and Atkins death penalty cases

A number of AAIDD conferences sessions/workshops related to ID/MR Dx and Atkins MR/ID Death Penalty cases.

Death Penalty Session - Wednesday June 9

Atkins v. Virginia : Challenges and Pitfalls in Diagnosing ID in a Forensic Context

Moderator:      Marc J. Tassé, The Ohio State University Nisonger Center

A Quantitative and Qualitative Analysis of Post-Atkins Decisions by Juries and Judges
John H. Blume, Cornell Law School

Assessing Intellectual Functioning
Kevin S. McGrew, Institute for Applied Psychometrics

Assessing Adaptive Behavior in a Forensic Context
James R, Patton, University of Texas at Austin

Assessment of Malingering
Denis William Keyes, College Of Charleston

Retrospective Diagnosis
Sal Blandino, Licensed Psychologist

Closing Commentary
Stephen Greenspan, University of Colorado at Denve

Workshops--Friday June 11

Workshop #1:

Evaluations and Expert Testimony in Criminal Cases
James Ellis, UNM School of Law, University of NM
Disability professionals are increasingly called upon to provide evaluations and expert testimony in criminal cases, particularly in Atkins cases where the defendant's intellectual disability is at issue. Participating in these life-and-death proceedings can be a daunting prospect. This workshop will include explanation of the criminal law issues involved, diagnostic and classification issues under the new AAIDD (11th edition) manual, and practical suggestions from disability professionals who have participated in these cases.

Workshop #2

Understanding and Using the 11th Edition of Intellectual Disability: Definition, Classification, and Systems of Supports
Bob Schalock, PhD, Ruth Luckasson, JD, Wil Buntinx, PhD, Pat Craig, PhD, Alya Reeve, MD, Karrie Shogren, PhD, Marc Tasse, PhD, Jim Thompson, PhD
11th Edition Implementation Committee members will present and discuss in detail key issues in the field related to diagnosis, classification, and supports planning. As a basis for maximum interaction and problem solving, workshop participants will be required to bring or purchase a copy of the 11th edition of the Manual. The workshop format will involve presentations, interactions, and opportunities to problem solve.

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Thursday, April 8, 2010

ICDP Atkins MR/ID public discussion listserv now operating

Given the success of the ICDP blog and the need expressed (by readers) for a mechanism to discuss issues in detail, the ICDP blog today announces the formation of the ATKINSMRDEATHPENALTY listserv.  This is a Yahoo Groups listserv that can be viewed and joined by clicking here.  Or, you can subscribe via the Yahoo dialogue button on the right side of the blog roll.  Below is a description of the goals, purposes and operating principles of the listserv. 

This public groups goal is to educate/inform psychologists, mental health professionals, lawyers and judges re: the science and best practices for identification of ID/MR (intellectual disability/mental retardation) in capital punishment cases (Atkins cases).  MR/ID assessment practices discussed should supported by standards of professional practice or authoritative sources.

This is NOT a forum for arguing the pros/cons of the death penalty or for advocates to take sides in individual cases.

When discussing prior rulings, members are to refrain from criticism's that mention the names of individuals who provided testimony or otherwise participated in the case. Members should refer to the "state's expert" or the "expert A for the defense". Individuals who violate this ESSENTIAL privacy requirement will be removed from the list.

The listserv is not the "ethical, legal, professional standard" monitor for member comments. Members are urged to recognize their professional, ethical, legal and contractual responsibilities before seeking advice, sharing insights, etc. re: active cases in which they are currently involved. Any statements made by individuals are made in their own capacity and should not be construed to represent the positions or opinions of any group or other individual associated with the listserv.  Moreover, the listserv is not a forum intended to be a source of legal, psychological, or other professional advice. Any individual needing or seeking advice should consult his or her own professional sources accordingly.

The group is unmoderated.  Moderation will begin if the above principles are violated. The listserv is linked with the Intellectual Competence and Death Penalty blog @ http://www.atkinsmrdeathpenalty.com.  Members with lengthy comments should submit drafts to the ICDP blog (for a guest post) rather than submitting long posts to the listserv. They should be submitted to iap@earthlink.net.

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Tuesday, March 2, 2010

Urgent: Florida may execute individual (Johnstone) with mental retardation (intellectual disability)

I just received the following "urgent" plea this morning.  I am at a convention and do not have the time to read the supporting documents that were attached.  The documents I recevied can be found by clicking here and here.  I can't provide any judgment or recommendation given the current time constraints.  So..this is a "pass along-as is" post.

Message received below

Florida is about to kill David Johnston March 9, who is found mentally retarded with an IQ of 61 by latest WAIS-IV tested and evaluated July 2009 and December 2009.

See attached filing to Florida Supreme Court.

Oral arguments is scheduled for March 4 at 9.00 AM in Florida Supreme Court.

The Orange circuit court (Judge Belvin Perry) has denied the motion without an evidentiary hearing and is using independent nonscientific arguments to close the case.

(He has been involved in other Florida denials on retardation and is trying to set a standard in FL that will kill more individuals with intellectual disabilities)

The defense lawyer is here :

D. Todd Doss
E-postadresse(r):
  dosslaw@comcast.net
D. Todd Doss
725 Southeast Baya Drive
Suite 102
Lake City, FL 32024
386-755-9119 (office)
386-755-3181 (facsimile)
dosslaw@comcast.net

Please help secure that a mentally retarded man - David Johnston is not executed.

Best wishes
Sissel Egeland

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