Tuesday, September 22, 2009

Book Review: IQ Testing 101 by Alan Kaufman




Anyone involved in the field of intelligence testing is familiar with the work of Dr. Alan Kaufman, a leading expert on interpretation of the Wechsler intelligence batteries, an author of his own intelligence tests, and a scholar/researcher who has published extensively in professional psychology journals on various aspects of intelligence and intelligence testing.

This past week I was pleased to receive a copy of his new book:  IQ Testing 101.  The number of books and published articles re: intelligence testing is beyond comprehension by any single reader.  Thus, although only having skimmed select sections at this time, I can say that this is the book I would recommend to anyone who wants an easy-to-read, accurate, introductory overview of the past and current state-of-the-art of the field of intelligence testing.  It appears to be an excellent book for those first learning about intelligence testing and for non-psychologists (e.g., physicians, lawyers, etc.) who want to become familiar with the basics of the field of IQ testing. 

Table of Contents

Chapter 1: Why Would Anyone Want to Read a Book About IQ Testing?
Chapter 2: History, Part 1: Who Invented the IQ Test?
Chapter 3: History, Part 2: At Long LastTheory Meets Practice
Chapter 4: The IQ Construct, Part 1: We All Know What IQs AreDont We?
Chapter 5: The IQ Construct, Part 2: How Accurate Are IQ Tests?
Chapter 6: Hot Topic: Is IQ Genetic?
Chapter 7: Hot Topic: Are Our IQs Fixed or Are They Malleable?
Chapter 8: Hot TopicIQ and Aging: Do We Get Smarter or Dumber as We Reach Old Age?
Chapter 9: Hot TopicIQ Tests in the Public Forum: Lead Level, Learning Disabilities, and IQ
Chapter 10: The Future of IQ Tests

References
Index



Question: Looking for research on Atkins MR cases and stress/malingering impact on IQ scores




I've yet to get to the stack of articles I've put aside on malingering and IQ testing in Atkin's cases, so I am not able to answer the following question that someone posed to me today.  So...I'm asking readers if they have any information re:  research that addresses the following question of a colleague.  Please post your response in the "comment" section.  Or, if it is long, send me a personal back channel email (iap@earthlink.net) nd I'll post as a guest blog response.  Thank you.

Question:  If someone is being tried in a capital case, is it likely for them to do worse, intentionally or unintentionally, on the WAIS-III or other IQ tests than if not experiencing that stress or facing the prospect of death if they do too well?  Are there any studies comparing the results of the WAIS-III or other IQ tests given to people before they were arrested and afterwards?  In short, are there any studies regarding how the stress (or incentives) of facing the death penalty might depress their scores?



Monday, September 21, 2009

In the News blog: Thanks



Thanks to In the News blog (see immediate prior post) for the mention of Intellectual Competence and the Death Penalty blog.

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New blog added to blog roll: In the News



I just learned of another potentially informative blog for readers of Intellectual Competence and the Death Penalty.  The blog is "In the News: Forensice psychology, criminology, and psychology-law." Readers may want to check it out.  The blog does have a place where you can enter your email address to receive a regular e-newsletter.  I'm adding "In the News" to my RSS feed so I can monitor the posts and post FYI messages re: content that is related to the purpose of Intellectual Competence and the Death Penalty.  I've also added a link to my blog roll.


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Thursday, September 17, 2009

Why IQ test scores differ: Applied Psychometrics 101---IQ scoring errors (next report)


Is it possible for an individual evaluated for mental retardation (as part of an Atkins proceedings) to have an increased probability of facing execution depending on whom administers them an intelligence test?  Is it possible for an experienced psychological examiner to make a sufficient number of scoring errors that significantly change a person's IQ score from what it should be (if properly scored)?  Unfortunately, the answers are "yes." 

I learned this first hand when I reviewed the test record and scoring of a intelligence test (on which I'm a coauthor) in a Federal death penalty appeal hinging on the diagnosis of mental retardation.  I've since been locating research articles on the accuracy of IQ test scoring for novice and experienced psychological examiners.  The results are discouraging. 

The next AP101 report will address the issue of test scoring errors in intelligence testing, with a particular emphasis on implications for Atkins MR death penalty cases.  The report will include a summary of representative literature, a discussion of my findings in the recent case for which I was a consultant (presented in such a manner to not reveal the identity of the case or any individuals/agencies involved in the case), and recommendations to address the issue.

Stay tuned.

If you have not read the first report in the series, check it out.  AP101 101:  IQ Test Score Difference Series--#1 Understanding global IQ test correlations.

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FYI: NERONORMA Project: Spanish norms for common neuropsychological tests



Today, during my weekly literature search, I ran across a series of articles providing results from the NERONORMA project (Spanish Multicenter Normative Studies).  The project is described in a free on-line copy of an article available in the Archives of Clinical Psychology.  The abstract for the article is below.  Psychologists who engage in forensic testing related to Atkins cases may find this information informative.  I have not read the series of articles in depth yet. 
This paper describes the methods and sample characteristics of a series of Spanish normative studies (The NEURONORMA project). The primary objective of our research was to collect normative and psychometric information on a sample of people aged over 49 years. The normative information was based on a series of selected, but commonly used, neuropsychological tests covering attention, language, visuo-perceptual abilities, constructional tasks, memory, and executive functions. A sample of 356 community dwelling individuals was studied. Demographics, socio-cultural, and medical data were collected. Cognitive normality was validated via informants and a cognitive screening test. Norms were calculated for midpoint age groups. Effects of age, education, and sex were determined. The use of these norms should improve neuropsychological diagnostic accuracy in older Spanish subjects. These data may also be of considerable use for comparisons with other normative studies. Limitations of these normative data are also commented
Other articles published in the series are listed below:

  • PenaCasanova, J., Blesa, R., Aguilar, M., GramuntFombuena, N., GomezAnson, B., Oliva, R., Molinuevo, J. L.,Robles, A., Barquero, M. S., Antunez, C., MartinezParra, C., FrankGarcia, A., Fernandez, M., Alfonso, V., & Sol, J. M. (2009). Spanish Multicenter Normative Studies (NEURONORMA Project): Methods and Sample Characteristics. Archives of Clinical Neuropsychology, 24(4), 307-319.
  • PenaCasanova, J., GramuntFombuena, N., QuinonesUbeda, S., SanchezBenavides, G., Aguilar, M., Badenes, D., Molinuevo, J. L., Robles, A., Barquero, M. S., Payno, M., Antunez, C., MartinezParra, C., FrankGarcia, A., Fernandez, M., Alfonso, V., Solk, J. M., & Blesa, R. (2009). Spanish Multicenter Normative Studies (NEURONORMA Project): Norms for the Rey-Osterrieth Complex Figure (Copy and Memory), and Free and Cued Selective Reminding Test. Archives of Clinical Neuropsychology, 24(4), 371-393.
  • PenaCasanova, J., QuinonesUbeda, S., GramuntFombuena, N., Aguilar, M., Casas, L., Molinuevo, J. L., Robles, A., Rodriguez, D., Barquero, M. S., Antunez, C., MartinezParra, C., FrankGarcia, A., Fernandez, M., Molano, A., Alfonso, V., Sol, J. M., & Blesa, R. (2009). Spanish Multicenter Normative Studies (NEURONORMA Project): Norms for Boston Naming Test and Token Test. Archives of Clinical Neuropsychology, 24(4), 343-354.
  • PenaCasanova, J., QuinonesUbeda, S., GramuntFombuena, N., Quintana, M., Aguilar, M., Molinuevo, J. L., Serradell, M., Robles, A., Barquero, M. S., Payno, M., Antunez, C., MartinezParra, C., FrankGarcia, A., Fernandez, M., Alfonso, V., Sol, J. M., & Blesa, R. (2009). Spanish Multicenter Normative Studies
  • (NEURONORMA Project): Norms for the Stroop Color-Word Interference Test and the Tower of London-Drexel. Archives of Clinical Neuropsychology, 24(4), 413-429.
  • PenaCasanova, J., QuinonesUbeda, S., GramuntFombuena, N., QuintanaAparicio, M., Aguilar, M., Badenes, D., Cerulla, N., Molinuevo, J. L., Ruiz, E., Robles, A., Barquero, M. S., Antunez, C., MartinezParra, C., FrankGarcia, A., Fernandez, M., Alfonso, V., Sol, J. M., & Blesa, R. (2009). Spanish Multicenter Normative Studies (NEURONORMA Project): Norms for Verbal Fluency Tests. Archives of Clinical Neuropsychology, 24(4), 395-411.
  • PenaCasanova, J., QuinonesUbeda, S., QuintanaAparicio, M., Aguilar, M., Badenes, D., Molinuevo, J. L., Torner, L., Robles, A., Barquero, M. S., Villanueva, C., Antunez, C., MartinezParra, C., FrankGarcia, A., Sanz, A., Fernandez, M., Alfonso, V., Sol, J. M., & Blesa, R. (2009). Spanish Multicenter Normative Studies (NEURONORMA Project): Norms for Verbal Span, Visuospatial Span, Letter and Number Sequencing, Trail Making Test, and Symbol Digit Modalities Test. Archives of Clinical Neuropsychology, 24(4), 321-341.
  • PenaCasanova, J., QuintanaAparicio, M., QuinonesUbeda, S., Aguilar, M., Molinuevo, J. L., Serradell, M., Robles, A., Barquero, M. S., Villanueva, C., Antunez, C., MartinezParra, C., FrankGarcia, A., Aguilar, M. D., Fernandez, M., Alfonso, V., Sol, J. M., & Blesa, R. (2009). Spanish Multicenter Normative Studies (NEURONORMA Project): Norms for the Visual Object and Space Perception Battery-Abbreviated, and Judgment of Line Orientation. Archives of Clinical Neuropsychology, 24(4), 355-370.


Wednesday, September 16, 2009

New book: The Supreme Court and Capital Punishment



I just heard about this new publication via my Twitter account (@iqmobile).  I do not have a copy nor have I read any reviews.  Below is a description of the contents.  I've highlighted the section that indicates that it does touch on the issue of capital punishment and mental retardation.  If anyone has read this book and would like to provide comments related to the them of this blog, please use the "comment" feature and/or email me comments for a possible guest blog post.


The documents section of the volume includes:
  • Selections from key Supreme Court decisions, both majority opinions and dissents



  • Amici briefs by a variety of organizations



  • Selections from proponents and opponents of capital punishment



  • Legislative debates on proposed moratoriums on capital punishment that took place in Nebraska, Vermont and Illinois during the past few years



  • Congressional debate on the Racial Justice Act



  • Statistical studies such as that conducted by Iowa law professor David Baldus
Important topics covered in Supreme Court and Capital Punishment include the following:
  • Judicial philosophies on the death penalty throughout the history of the Court

  • Debate over the execution of juveniles, the mentally retarded, and the insane

  • Race and capital punishment

  • Constitutionality of methods of execution

  • Changing public opinion and its impact on capital punishment





Tuesday, September 15, 2009

Two Atkins case Amicus Briefs (friends of the court) added



Added to the "Amicus Briefs" section of this blog today.

Brief of Amici Curiae American Association on Mental Retardation, The Arc of the United States, the Judge David L. Bazelon Center for Mental Health Law, The Arc of Georgia, and the Georgia Advocacy Office, in support of Petitioner, Stripling v. Head, No. 03-1392, cert. granted, Oct. 14, 2003 (co-counsel with Carol M. Suzuki, Norman Bay, Christian G. Fritz).

Brief of Amici Curiae American Association on Mental Retardation, The Arc, the Judge David L. Bazelon Center for Mental Health Law, American Academy of Psychiatry and the Law, and TASH, Tennard v. Dretke, No. 02-10038, cert. granted, Oct. 14, 2003 (consolidated for oral arguments with Smith v. Dretke, No. 02-11309) (co-counsel with Norman C. Bay, Michael B. Browde, Christian G. Fritz, April Land & Robert L. Schwartz, of counsel).

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MR and Atkins cases: Guide to state legislative issues (James Ellis)

In my morning web searching I ran across the following document that may be of interest to readers of this blog.  The title of the document is Mental Retardation and the Death Penalty:  A Guide to State Legislative Issues.  It is written by a law professor--James W. Ellis, Regents Professor of Law, University of New Mexico School of Law.  According to his faculty web page, Ellis has "worked on behalf of people with mental disabilities in the civil and criminal justice system." The publication is associated with the International Justice Project.  I noticed that some of the MR related links at the IJP page are not working..so I'm not sure how active or current this project is.

Below is the first paragraph.
The interest in State Legislatures in the topic of mental retardation and the death penalty has obviously heightened with the United States Supreme Court’s decision in Atkins v. Virginia, 122 S.Ct. 2242 (June 20, 2002). The purpose of this document is to provide legislators and advocates with guidance in implementing the Atkins decision, so that each State’s death penalty legislation is in full compliance with constitutional requirements.

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Looking for Atkins case court decisions


As readers will note, I've listed links to three formal Atkin's MR death penalty court decisions.  The readers input poll is indicating that readers want access to more of these decisions.  I would appreciate any readers who have URL links to court decisions or PDF copies of such decisions to send that information to me at iap@earthlink.net.  I'll make all I can accumulate available as I find more.

Thanks in advance for any assistance.


Monday, September 14, 2009

Dr. Dale Watson added to expert list

Dr. Dale Watson has been added to the expert blog roll list. His contact information is below:

Dr. Dale Watson
Clinical and Forensic Neuropsychology

Mail address:
3377 Deer Valley Road
PMB 310
Antioch, CA 94531

Saturday, September 12, 2009

Why IQ test scores can differ: Applied Psychometrics 101 Report #1 9-12-09 revision



If you downloaded the report AP101 #1 yesterday, you should return to the post and download a revised version. Some confusion in the discussion and estimation of the range of expected IQ difference scores (between different IQ tests that correlate at different levels) has been clarified.

I want to thank Dr. Joel Schneider for pointing out the confusion in the first draft. I plan to post future reports in a similar "draft" form--with the goal to receive comments and feedback that will result in better revised reports.

Friday, September 11, 2009

Why IQ test scores can differ: Applied Psychometrics 101 Report #1--Understanding global IQ test correlations



Announcing Applied Psychometrics 101: IQ Test Score Difference Series--#1 Understanding global IQ test correlations. (click here to view and/or download)

Toady I'm announcing the first in what I hope is a series of applied psychometric brief reports. The goal of this project is to explain basic psychometric issues to help professionals and the public better understand psychological measurement, IQ testing, etc. Above is the title of the first report (and a link where it can be accessed). Below is the abstract, followed by some thoughts and questions the report might generate. This report (and future reports) are accessible via a section [(Applied Psychometric 101 (AP101) Reports] on the side bar of this blog.

Abstract
Despite reported evidence of strong concurrent correlations among IQ tests (concurrent validity), different IQ tests often produce different IQ scores for the same individual. This may be due to a number of factors. Prior to discussing the various factors, one must first understand the basic language of typical IQ-IQ comparison research. In the first of this series, IQ-IQ test correlations are explained. Statistically significant high correlations between different IQ tests, although providing strong concurrent validity evidence for tests, do not guarantee similar or identical IQ scores for all individuals tested.
Blogmaster comments

After reading the report, I would encurage readers to come back and reflect on the comments below. I would like to thank Dr. Dale Watson for comments on an earlier draft of the report. Most all of the ideas generated below are thoughts he shared (and that I had been contemplating) after reading the report. I will shortly be adding Dr. Watson to the "experts" blog roll on the blog sidebar.

Some Post "AP101: IQ Score Difference Series--# 1 Understanding global IQ test correlations" thoughts for consideration

I (the blogmaster) assume that most laypersons and, more importantly, agencies that have developed strict prescriptive guidelines for IQ cut scores for service eligibility and/or life or death decisions (e.g., U.S. Supreme Court Atkins ruling that no one with intellectual disabilities/mental retardation can be executed), are unaware of the variability in IQ scores that can arise simply by using different IQ tests (see report). Based on the IAP AP101 report, one should reach the conclusion that the selection of which IQ test to adminster (to determine if an individual is mentally retarded--esp. mild MR) can be a life-or-death decision (i.e., Atkins death penalty cases)! Furthermore, given the adversarial nature of a court hearings/trials and due process hearings, it is clear that a wide variety of questions could arise regarding how to determine which test battery is the "best" measure of intelligence (when different IQ tests used by different psychologists and experts produce significantly different scores). A few examples are listed below:

1. What does “best” mean? Is “best” relative to the purpose for the testing (e.g., best for service eligibility; best for developing instructional education programs; best for making formal legal diagnosis, etc.)? Might certain IQ tests be “best” for certain purposes and other IQ test “best” for other purposes? Is it possible for one test to be “best” for all purposes, all ages, all cultures, etc. ?

2. Could a scenario occur where the courts request that a standard be used to identify the potentially “best” test when IQ-IQ differences are reported by experts? This raises extremely complex questions. For example:
  • Does the popularity of an IQ measure determine which IQ test battery is “best”? Historically the Wechsler series of tests have been considered the “gold standard of IQ tests” largely because of their popularity. Does popularity + more sales = “best?”
  • Can (should) an empirical standard be developed? Is it even possible?
  • Some in the field of intelligence testing have suggested that an IQ tests g (general intelligence) saturation (“g-ness”; amount of variance attributed to the first principal component extracted in principal component analysis—PCA) is a good criterion.
  • Or, is the “best” IQ indicator a composite score that differentially weights the tests in the global IQ score as determined by PCA?
  • Or, is the “best” IQ battery one that only includes tests that have high g-ness?
  • Or, is the “best” IQ battery the one that provides the broadest coverage of the major cognitive abilities established by the most accepted psychometric model of intelligence?
3. Is the amount of g-ness measured in an individual central to the definition of intelligence and/or different diagnostic categories (MR, LD, gifted, etc.). Is g-ness more central to a diagnosis of mental retardation and less (or equally) relevant to a diagnosis of specific learning disability?

4. If it were even possible (which the current author doubts) to establish a consensus on a “best-ness” criterion, would assessment personal be required to administer the so designated test? Who would make the judgment regarding which test battery (or batteries) are the best—would it be in the hands of individual psychologists, professional association, a judge, or…..?

It is hoped the above cited IAP AP101 report has clarified the reality that different IQ tests will often provide different IQ scores for the same individual. IQ-IQ difference scores will occur, and if the IQ tests are properly administered to a cooperative individual, the resultant IQ-IQ score differences are reliable and valid. The “why” of psychometrically sound IQ-IQ score differences is due to a number of possible factors, factors that will be explored in future reports in the Applied Psychometrics 101 series. The potential policy implications, as briefly illustrated by the above set of hypothetical questions, are many, complex, and will not have an easy answer. There may not be a suitable answer and the use of IQ scores in legal and/or adversarial settings may need to change to become more nuanced (i.e., allow for more expert interpretation of the meaning of IQ test scores and IQ-IQ difference scores) and less rigid and prescriptive.

The issues raised in the report do not reflect problems in the state-of-the-art of psychometrically sound IQ tests, but in the use (and misuse) of IQ test scores to make important decisions about individuals and to create public policy and law.

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Dr. Stephen Greenspan guest comment post: Response to Dr. Judd re: adaptive behavior

Dr. Stephen Greenspan posted a lengthy response comment to Dr. Judd's comment post (re: the original Switzky & Greenspan adaptive behavior chapter post I made-----hope that makes sense and is not another "whose on first" bit). Dr. Greenspan's response can be seen under "comments" at the original Switzky & Greenspan AB chapter post I made. Given that I took Dr. Judd's long comment and turned it into a guest post (with his permission), I'm doing the same for Dr. Greenspan's comments.

Stephen Greenspan said...

I appreciate the kind comments (which I understand are in a guest blog by Dr. Ted Judd) on the chapter “lessons from Atkins” that appeared in WHAT IS MENTAL RETARDATION edited by Harvey Switzky and myself. Unfortunately those lessons do not appear to have been learned. The main point in that chapter is that adaptive behavior as applied in court settings has turned out to be a nightmare, because of the failure to ground it in the notion of “everyday intelligence”. This is a point I have been making in print since 1979, but Atkins experience has proved me more correct than I realized. In Indiana court decisions for example, “adaptive behavior” is frequently described as “adaptation” and any behavior that a defendant engages in which meet a basic need (an example given was eating out of a garbage can when hungry) is used as evidence of normal functioning. Then of course there are the ridiculous “Briseno factors” in Texas, in which their high court came up with a list of adaptive behaviors (such as any evidence of planning) that bear little or no resemblance to mild ID as we know it. What we need is to come up with a notion of “adaptive age” (and eating out of a garbage can would I think be at a pre-toddler—or German Shepherd-- adaptive age equivalent) and get across the notion of adaptive behavior as involving problem-solving at a more abstract level (such as understanding when an interrogator assuring you that confessing is in your interest is being deceptive). The forthcoming AAIDD manual (which I understand is likely to become known as “the green book”) basically just changes MR to ID, makes a few format improvements, but keeps the same primary emphasis on IQ and retains a construct of adaptive behavior that lacks any connection to “intelligence” broadly defined. My self-assigned task has been to try to find aspects of adaptive behavior deficit (such as “gullibility” and “foolish action”) that are more intellectually-grounded and that could be considered universal diagnostic indicators of ID (as framed by the red/ green books, there is no aspect of adaptive behavior which is central to the ID construct). I am working on a paper (invited by AAIDD classification committee chair Robert Schalock) that elaborates on all the reasons why I think the green book missed the boat (I will preview it as a guest blog here, by kind invitation of Dr. McGrew). Chief among these (which has profound implications for Atkins cases) is that AAIDD missed the opportunity to define the construct more broadly, to include the many people with brain-based disorders who fit the behavioral phenotype for ID but have IQ scores that are a little too high. (Harvey and I wrote our chapter very early in our Atkins experiences, and we naively wrote that attorneys in these cases do not make a big deal out of one or two IQ points. We have of course course learned that everything is disputed, especially one or two IQ points). I am honored that AAIDD cites me as providing the theoretical framework for the model of adaptive behavior but I need to point out that what I had in mind was a tripartite model of “adaptive intelligence” (which cause adaptive behavior to fade away) and and not continuing to view adaptive behavior as some vague add-on construct that involves such things as “has good breath” (an item on the ABAS-2)--better would be “understands the social and physical risks of having bad breath.”

Steve Greenspan (for my recent paper on “foolish action”, click on www.stephen-greenspan.com)

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Thursday, September 10, 2009

Strengthing Forensic Science in US webcast: US Senate Committee on the Judiciary



I just received an FYI re: this webcast:  Strengthing Forensic Science in the United States.  Information can be found at U.S. Senate Committee on the Judiciary hearing and meetings web page.

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Dr. Tedd Judd guest comment post re: adaptive behavior and Switzky and Greenspan (2005) chapter

Guest comment post re: adaptive behavior by Dr. Tedd Judd, a neuropsychologist and current President of the Hispanic Neuropsychological Society.

Dr. Tedd Judd contacted the blogmaster via email as he had tried to post comments to the recent post re: the adaptive behavior chapter by Switzky and Greenspan, but the comment box was too limited for his complete set of comments. Posted below are Dr. Tedd Judd's comments ("as is") regarding the Switzky and Greenspan chapter post.

It is gratifying to see individuals reading and responding to the content of this blog. Thanks to all current and future readers. Active scholarly discourse is one of the goals of this blog.

Dr. Tedd Judd's comments below:

Very good chapter which addressed many pertinent issues well. I especially like the general principle of putting greater emphasis on adaptive functioning, even though the measuring of adaptive functioning is and will likely continue to be more problematic than IQ testing. For too long we have been looking for the keys under the street lamp where the light is good instead of over in the dark where we dropped them.

I also like the emphasis on refining what we really mean by adaptive functioning. The available adaptive behavior scales, in my reading of them, not only fail to measure gullibility adequately, that actually seem to reward it by giving higher ratings to compliant behavior (something that, for me, reflects the nicey nice world of MR services). There are more details in my chapter except below.

I take a bit of exception with this chapter placing gullibility so centrally, however. Some people with MR are not very nice or compliant or gullible, but may be somewhat paranoid, egocentric, and angry, although perhaps for reasons of faulty thinking that are similar to the faulty thinking of those who are gullible. Those individuals may look much more like someone with an antisocial personality disorder (they may even be diagnosable with ASP), but with a cognitive deficit underlying that disorder. It seems to me that it is for just such individuals that the SCOTUS included in their reasons for the Atkins decision that for people with MR "their demeanor may create an unwarranted impression of lack of remorse for their crimes." So, while social skills deficits need greater elaboration and emphasis, they can take various forms.

I am hopeful that readers who have stuck with me thus far may be willing to pursue some discussion of related points from my chapter section below from


Adaptive Behavior Scales

Adaptive behavior rating scales are not tests of abilities. The focus person and/or an informant who knows that person well rate the person on the ability to carry out various everyday activities. These scales are particularly important in the diagnosis of mental retardation because the accepted definitions of mental retardation (American Association on Mental Retardation, 2002; American Psychiatric Association, 1994) require impairment not only on IQ testing but also in adaptive behavior. Such scales are typically normed by age on a nationally representative sample (Scales of Independent Behavior—Revised, Bruininks, Woodcock, Weatherman, & Hill, 1996; Adaptive Behavior Assessment System, Harrison & Oakland, 2000; AAMR Adaptive Behavior Scale, Nihira, Leland, & Lambert, 1993; Vineland Adaptive Behavior Scale, Sparrow, Balla, & Cicchetti, 1985). These scales typically do not have validity scales to determine if there is response bias on the part of the rater. The cultural competence to complete the rating scales and potential biases of the informant must be taken into account.

Adaptive behavior is clearly culturally relative, and this is evident in the rating scales. For example, the referenced scales contain items referring to the use of telephones, microwaves, small electrical appliances, clothes washers and dryers, repair services, cars, seatbelts, air conditioners, thermometers, handkerchiefs, televisions, menus, dictionaries, alphabetizing, phone books, zip codes, bathroom cleaning supplies, electricity, scales, rulers, schedules, Christmas, Hanukah, forks, reading materials, ticket reservations, shoelaces, clocks, classified ads, and checkbooks. Access to these items is not universal and is related to culture, urbanization, and social class. There are no items referring to clotheslines, chopsticks, domestic animals, Ramadan, etc.

Other items depend upon cultural norms of behavior or values that are not universal (looking at others’ faces when talking, ending conversations, not interrupting, carrying identification, traveling independently in the community, stores with hours of operation, obeying street signs, needing time alone, choosing to join group activities, haircuts, daily bathing, punctuality, hospitality, controlling temper, “pleasant breath,” saying “thank you,” conversational distance, dating, etc.). Although several of these scales have been translated into Spanish (and possibly other languages) there has been minimal cultural adaptation of the items, and there are minimal instructions in the manuals concerning cross-cultural applications.

Some items imply that it is more functional to be compliant than to stand up for oneself. These items include: controlling anger when someone else breaks the rules, when an activity is cancelled, when disagreeing with friends, or when not getting one’s way; not telling a lie to escape punishment; saying “thank you” for gifts (something that is not a part of many Native American cultures); moving out of another person’s way; offering assistance and sympathy; selecting “good” friends; avoiding embarrassing others; doing extra work willingly; and following supervisor’s suggestions. There are no items giving credit for knowing: when and how to direct one’s anger, when it is wise to lie, when to offer assistance and sympathy and when not, when to use one’s own judgment and when to follow others’ in selecting friends, when it is appropriate to embarrass others, when it makes sense to do extra work or follow the supervisor and when to object or go on strike, etc. There are no items saying, “Asserts ones rights.” Or “Stands up for others who are treated unjustly.” It is sobering to realize that people might be declared legally stupid for having bad breath, not telling jokes, not making their beds, or not buying tickets in advance.

Adaptive behavior scales can play an important role in cross-cultural neuropsychology. At times they may help document that an individual who does not “test well” on standardized cognitive tests, perhaps for cultural reasons, nevertheless is able to function adequately and competently in this society. Adaptive behavior scales in brain injury cases can document the changes in a way that cognitive tests cannot. However, interpretation of low scores is problematic because the scales are culture bound. In some instances the adaptive behavior scale may function more as a measure of acculturation than of ability. At present such interpretations may require an item-by-item analysis of low scored items, perhaps including a discussion of those items with the rater and/or other cultural informant. In spite of their cultural limitations, however, these standardized scales have advantages over the evaluation of adaptive behavior exclusively by interview. They are more thorough than typical interviews, they allow for objective comparisons to known populations, and they allow for greater clarity regarding the database for opinions and decisions. They do not, however, replace the evaluation of adaptive behavior via interview, since interviews are likely to bring out the most pertinent impairments in adaptive behavior and may cover areas not found in the scales.

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Adaptive behavior: Use of the ABAS-II in adult forensic cases (Olley (2008)


I was given permission by Dr. Tom Oakland to post a PDF pre-publication version of chapter that was published in the following book covering one of the major adaptive behavior instruments used in the field of mental retardation/developmental disabilities (conflict of interest note - Dr. Oakland is a co-author of the ABAS-II).


Thank you Tom.


Olley, G. J. & Cox, A. W. (2008). Assessment of Adaptive Behavior in Adult Forensic Cases: The Use of the Adaptive Behavior Assessment System-II. In Oakland, T. and Harrison, P. (2008). Adaptive Behavior Assessment System-II: Clinical use and interpretation, Elsevier. A pre-pub copy of the chapter can be viewed by clicking here.


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Wednesday, September 9, 2009

Atkins v Virginia: American Psychological Associations position


Another FYI (no comment) post.

In this evenings searching of the internet I ran across the APA's Topic: Psychology and Law page where the position of APA in the Atkins v Virginia case is stated. Click here to view.



ACLU Press Releases on Atkins MR death penalty cases


FYI (and no comment) post.

Ran across the ACLU (American Civil Liberties Union) web page of press releases related to Atkins MR death penalty cases/issues. Click here to view.



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Atkins MR death penalty experts: Knowledge and exerience required (Olley, 2009)

What does it take to be an expert in Atkins MR death penalty cases? A good article outlining a number of the skills, knowledge, issues and expertise required is that by Olley (2009) in the special issue of the journal Applied Neuropsycholgy. Individuals considering testifying in Atkins MR death penalty cases should read this article in full.
  • Olley, J. G. 2009. Knowledge and Experience Required for Experts in Atkins Cases. Applied Neuropsychology,16 (2), 135-140.
Abstract
The United States Supreme Court’s Atkins v. Virginia (2002) decision has created a need for experts who are knowledgeable and experienced in both mental retardation and forensic psychology. This article summarizes the issues that are critical to the diagnosis in the ‘‘close calls’’ that typify Atkins cases. A resolution of such close calls hinges upon the expert’s ability to testify with regard to the characteristics of mild mental retardation and the way that diagnostic standards may be applied differently in clinical versus forensic settings. The critical impairments are not in the form of physical stigmata. They are characterized by difficulties in judgment when engaged in typical community functioning. The keys to these close calls are the individual’s problems in functioning in the community with the degree of independence required for adults.

ARTICLE SUMMARY

[note: Italics are direct quotes. Underline is emphasis added by the blogmaster]

According to the articles author:

Those who have been testifying in Atkins hearings have come from varied professional backgrounds. The knowledge and expertise needed for "expert testimony in Atkins involve an unusual mix of background in the field of developmental disabilities with a background in forensic psychology. This combination of credentials was rare before the Atkins decision, and, thus, psychologists and other experts who are asked to testify may have limited experience in some of the essential aspects of the diagnosis of mental retardation in this new context."

Forensic psychologists are most likely to be recognized and accepted by the courts as experts, but the majority of forensic psychologists have little training or experience in the field of developmental disabilites (mental retardation).

Given the lack of uniform training, the author suggests the following as key issues that Atkins experts need to be familiar with:
  • Relevant professional standards (note--see Standards, Ethics and Position Statements" links in current blogs sidebar (right side of blog)
  • Current definitions of mental retardation, and the recognition that different states may have different definitions and diagnostic criteria.
  • Relevant ethical principles of their profession "(American Academy of Psychiatry and the Law, 2005; American Psychological Association, 2002), position statements made by professional organizations (e.g., American Bar Association Task Force on Mental Disability and the Death Penalty, 2006; Bonnie, 2004; Committee on the Revision of the Specialty Guidelines for Forensic Psychology, 2008), and recommendations made by recognized authorities in the field (e.g., Bonnie & Gustafson, 2007; Ellis, 2003)."
  • Understand a key difference between clinical and forensic settings. In clinical settings, typically definitions and criteria are used to identify individuals "who meet the criteria and would benefit from services and supports." In such situations professional standards allow psychologists to excercise clinical judgment and to take into consideration the potential benefits of services for the assesed invididual. In contrast, the most significant issues in court settings are likely to focus more on the application of professional definitions in a more narrowly circumscribed and constrained legal context.

The author notes that "most Atkins cases are close calls; that is, evidence exists for and against the diagnosis, and if the defendant has mental retardation, it is in the mild range with functioning between two and three standard deviations below the population mean." The author then lists a number of important issues that must be recognized in these "close calls." They include, but are not limited to:

Impairment in Typical Community Functioning. This is not an easy task an involves a variety of issues, including:
  • Understanding that mild MR is primarily identified by impaired typical community functioning and not specific diagnostic signs or physical symptoms. The cause of mild MR is typically unnkown.
  • Typical functioning is difficulty to assess given that the person is incarcerated in a structured environment and collecting pre-incarceration information re: typical commmunity functioning requires significant effort.
  • An individuals typical functioning must be compared to the normative standards of the appropriate population (US population...not a prison population)
  • Recognition that mild MR may coexist with other disorders or diagnoses.
  • Self report information from the defendant "is of very questionable value in the diagnosis of mental retardation. The expert in an Atkins proceeding should, of course, meet with the defendant, interview him, and engage him in whatever activities might help to determine his understanding of his current situation, his ability to report on factual aspects of his history, and his ability to relate to others. However, the defendant’s assessment of his own functioning is not a valid source of data on which to form a diagnosis. Most people with mild mental retardation can engage in casual conversation and report on their experiences and other concrete topics. Limitations in understanding and communication become evident when the individual is asked to explain his statements or to discuss topics that require abstract reasoning or analysis."
  • "the extent to which the individual was able to live independently with minimal assistance is key to the diagnosis of mental retardation in close calls."
  • individuals with mild MR rarely have social relationshiops that are mutually beneficial and reciprocal. "In most cases, the individual has few friends and the existing relationships tend to be one-sided. That is, the individual depends on a parent or girlfriend or neighbor as a ‘benefactor’ or has acquaintances who try to exploit him for money, labor, drugs, or other resources."

Significant Impairment in General Intelligence. Select issues to recognize include:
  • A cause-and-effect relationship betwen intelligence (IQ) and adaptive functioning is difficult to prove
  • Atkins defendents typically have taken multiple IQ tests and the scores often fluctuate around the legal cut-off score. Experts need to recognize the potential reasons for this IQ variability and account for it in their interpretation and conclusions.

Training Issues in Forensic Psychology
  • States and jurisdictions may specify different standards regarding who can testify as an expert in Atkins cases. Experts need to be aware of the professional standards involved in a specific case before deciding to serve as an expert witness.
  • "psychologists preparing to testify in Atkins proceedings would benefit by becoming members of two divisions of the American Psychological Association. Division 33 (Intellectual and Developmental Disabilities) and Division 41 (American Psychology-Law Society) often provide information relevant to Atkins and offer the opportunity to become acquainted with colleagues with experience in this area."

Article summary
The expert in an Atkins proceeding must have experience with individuals with mild mental retardation, knowledge of the research on this population, and knowledge of the applicable laws and court procedures. This combination of knowledge and experience was rare before the Atkins decision, and experts who now work in this area must broaden their experiences to provide the most valid and objective information to the court. As the other articles in this issue have demonstrated, the diagnosis of mild mental retardation is complex and requires more than the rigid application of test scores. People with mild mental retardation may have basic academic skills and several areas of adequate community functioning. Their difficulties that set them apart are more likely located in their judgment than in their knowledge and skills. Reschly (2009, this issue) provides an excellent summary in noting that ‘‘The core issue is the use of abstract reasoning and judgment in coping with everyday demands in a socially and economically complex society.’’







Monday, September 7, 2009

Use of the Mexican WAIS-III in MR capital Atkin cases: Controversy reported in Applied Neuropsychology journal


Is the Mexican normed version of the WAIS-III appropriate for use in diagnosing mental retardation and, more importantly, is it appropriate for use in Atkins MR death penalty cases? Apparently a controversy has surfaced re: this question as reflected by three articles in the journal Applied Neuropsychology.

As background note, I've blogged previously about a special issue of this journal that dealt with Atkins cases. I've not completed reading all of those articles yet...there simply is not enough time in my day.

Given my obvious conflict of interest [I'm a coauthor of the competing WJ III and BAT III], I will not render any judgment "pro" or "con" regarding the debate. Instead, I'm making available (below) the abstract of a series of three articles published in the latest issue of Applied Neuropsychology that address the issue. Suen and Greenspan (2009a) make the case against the use of the Mexican WAIS-III. Escobedo and Hollingworth (2009) respond to Suen and Greenspan (2009a). Suen and Greenspan (2009b) then respond to Escobedo and Hollingworth (2009).

Readers will need to review the articles and make their own informed judgments. I would like to invite appropriatelly qualified scholars to consider submitting a guest comment post on all three articles and any other journal published research that bears on this specific controversy. If interested, contact me at my email in my "About Me" section of this blog. In addition, given my conflict of interest, I am requesting that anyone familiar with any similar controversies or questions regarding the BAT III to bring them to my attention as I would make those published articles available for review...also without comment.

Suen, H. K. & Greenspan, S. (2009a). Serious Problems with the Mexican Norms for the WAIS-III when Assessing Mental Retardation in Capital Cases. Applied Neuropsychology, 16 (3), 214-222. (click here).
A Spanish-language translation of the Wechsler Adult Intelligence Scale-III (WAIS-III), normed in Mexico, is sometimes used when evaluating Spanish-speaking defendants in capital cases in order to diagnose possible mental retardation (MR). Although the manual for the Mexican test suggests use of the U.S. norms when diagnosing MR, the Mexican norms—which produce full-scale scores on average 12 points higher— are sometimes used for reasons that are similar to those used by proponents for ‘‘race-norming’’ in special education. Such an argument assumes, however, that the Mexican WAIS-III norms are valid. In this paper, we examined the validity of the Mexican WAIS-III norms and found six very serious problems with those norms: (1) extremely poor reliability, (2) lack of a meaningful reference population, (3) lack of score normalization, (4) exclusion of certain groups from the standardization sample,(5) use of incorrect statistics and calculations, and (6) incorrect application of the true score confidence interval method. An additional problem is the apparent absence of any social policy consensus within Mexico as to the definition and boundary parameters of MR. Taken together, these concerns lead one to the inescapable conclusion that the Mexican WAIS-III norms are not interpretable and should not be used for any high-stakes purpose, especially one as serious as whether a defendant should qualify for exemption against imposition of the death penalty.

Escobedo, P. S. & Hollingworth, L. (2009) Annotations on the Use of the Mexican Norms for the WAIS-III. Applied Neuropsychology, 16 (3), 223-227 (click here).
This article provides crucial information to judge the appropriateness of the Mexican version of the Wechsler Adult Intelligence Scale-Third Edition and recognizes some limitations in both the process of its adaptation to the Mexican population and the norm development process. This is an effort to contribute to the debate initiated by Suen and Greenspan (2008), who argued in court against the use of Mexican norms in a death penalty case, which depended upon establishing the diagnosis of mental retardation. As a part of the defense team, these scholars argued a number of points against the use of the Mexican norms. With input from the lead researcher on the Mexican standardization process, some of the criticisms are addressed, and further information about the norm development process for this test in Mexico is provided in an attempt to be critical about the strengths and weaknesses of the use of existing Mexican norms. Finally, we argue that results from a single test must not be used to make life and death decisions and that test development is a continuous process influenced by culture,language, and indeed by norm-developing procedures and debates.

Suen, H. K. & Greenspan, S. (2009). Reply to Sanchez-Escobedo and Hollingworth: Why the Mexican Norms for the WAIS-III Continue to be Inadequate. Applied Neuropsychology, 16 (3), 228-229 (click here).
The discussion in Drs. Sanchez-Escobedo and Hollingworth’s paper independently confirms virtually all our observations regarding the psychometric and interpretive deficiencies of the Mexican norms for very high-stakes decisions, such as that involved in an Atkins hearing. Test publishers have an ethical obligation to caution potential users against the premature use of a developing assessment that does not yet meet the needed precision and evidence of validity required for very high-stakes decisions.

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