Thursday, June 27, 2013

REGISTRATION OPEN - Multi-Track Federal Criminal Defense Seminar, August 8-10, 2013, Buffalo, NY


Registration is now open to federal defender staff and CJA Panel attorneys for the FY 2013 Multi-Track Federal Criminal Defense Seminar being held August 8-10, 2013 in Buffalo, NY.  As with all of our training programs, there is no registration fee.  The program will begin Thursday morning, August 8th and end by mid-afternoon on Saturday, August 10th.  A limited amount of financial assistance is available to qualifying CJA panel attorneys to cover a portion of travel costs.  

The Multi-Track Seminar offers in-depth instruction in a variety of areas of federal criminal practice.  This year the tracks will be:


       Forensics, including, among other topics, an Overview of the Law Since the NAS Report; DNA for Dummies; Ballistics; Toolmark Evidence; Arson; Reading the Medical Examiner's Report; Eyewitness Identification; and Hair and Fiber Evidence.


       Mental Health and Mitigation, which will cover identifying, developing, and understanding mental health and mitigation, including relevant changes in "to-be published" DSM-5 that practitioners may encounter in their practice, and with an emphasis on the importance of  mental health symptoms and history, all of which are critical to the effective representation of clients throughout a case.


       Digital Age Litigation - What Do All the Advances Mean?  - which will focus on the digital aspects of federal criminal litigation, including GPS, pinging, Fouth Amendment issues, and electronically stored information.


       Fundamentals of a Federal Criminal Case, which is designed as an overview for new (and not so new) federal CJA practitioners; this program addresses topics that are essential to defending clients in federal criminal cases, including the basics of working up a federal criminal case, release issues, sentencing guidelines, and beyond.


A flyer about the program is attached.  For questions about the substance of the seminar, please contact Frank Draper at Frank_Draper@ao.courts.gov; for questions about logistics, please contact Jenna Shepard at Jenna_Shepard@ao.uscourts.gov.



Karen Holsendorff

Meeting Manager


Tuesday, June 25, 2013

Factor structure of the WAIS-IV/WMS-IV: A CHC interpretation

A nice cross-battery CFA of the WAIS-IV and WMS-IV. Also, this article provides a nice historical overview of the changes of the two linked batteries over time. [Click on images to enlarge].

I would put a CHC theory spin on the validated factors. Verbal Comp = Gc; Perceptual Reasoning (Gf/Gv blend); Working Memory (Gsm...or what I know think should be labeled Gwm); Processing Speed (Gs), and Delayed Memory (Glr).











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Cyberfaking: I Can, So I Will? Intentions to Fake in Online Psychological Testing [feedly]


 
 
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Cyberfaking: I Can, So I Will? Intentions to Fake in Online Psychological Testing
Title: Cyberfaking: I Can, So I Will? Intentions to Fake in Online Psychological Testing
Author(s): Grieve, Rachel; Elliott, Jade
Source: CYBERPSYCHOLOGY BEHAVIOR AND SOCIAL NETWORKING, 16 (5): 364-369 MAY 2013
IDS#: 152UX. ISSN: 2152-2715


Friday, June 21, 2013

Wechsler Abbreviated Scale of Intelligence, 2nd edition (WASI-II) [feedly]


 
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Wechsler Abbreviated Scale of Intelligence, 2nd edition (WASI-II)
Title: Wechsler Abbreviated Scale of Intelligence, 2nd edition (WASI-II)
Author(s): McCrimmon, Adam W.; Smith, Amanda D.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (3): 337-341 JUN 2013
IDS#: 149UL. ISSN: 0734-2829

Technical and Practical Issues in the Structure and Clinical Invariance of the Wechsler Scales: A Rejoinder to Commentaries [feedly]


 
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Technical and Practical Issues in the Structure and Clinical Invariance of the Wechsler Scales: A Rejoinder to Commentaries
Title: Technical and Practical Issues in the Structure and Clinical Invariance of the Wechsler Scales: A Rejoinder to Commentaries
Author(s): Weiss, Lawrence G.; Keith, Timothy Z.; Zhu, Jianjun; et al.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 235-243 APR 2013
IDS#: 149UK. ISSN: 0734-2829

Intelligent Testing With Wechsler's Fourth Editions: Perspectives on the Weiss et al. Studies and the Eight Commentaries [feedly]


 
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Intelligent Testing With Wechsler's Fourth Editions: Perspectives on the Weiss et al. Studies and the Eight Commentaries
Title: Intelligent Testing With Wechsler's Fourth Editions: Perspectives on the Weiss et al. Studies and the Eight Commentaries
Author(s): Kaufman, Alan S.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 224-234 APR 2013
IDS#: 149UK. ISSN: 0734-2829

Broad and Narrow CHC Abilities Measured and Not Measured by the Wechsler Scales: Moving Beyond Within-Battery Factor Analysis [feedly]


 
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Broad and Narrow CHC Abilities Measured and Not Measured by the Wechsler Scales: Moving Beyond Within-Battery Factor Analysis
Title: Broad and Narrow CHC Abilities Measured and Not Measured by the Wechsler Scales: Moving Beyond Within-Battery Factor Analysis
Author(s): Flanagan, Dawn P.; Alfonso, Vincent C.; Reynolds, Matthew R.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 202-223 APR 2013
IDS#: 149UK. ISSN: 0734-2829


A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically? [feedly]


 
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A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Title: A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Author(s): Schwartz, David M.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 175-185 APR 2013
IDS#: 149UK. ISSN: 0734-2829

What If We Took Our Models Seriously? Estimating Latent Scores in Individuals [feedly]


 
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What If We Took Our Models Seriously? Estimating Latent Scores in Individuals
Title: What If We Took Our Models Seriously? Estimating Latent Scores in Individuals
Author(s): Schneider, W. Joel
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 186-201 APR 2013
IDS#: 149UK. ISSN: 0734-2829


A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically? [feedly]


 
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A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Title: A Four- and Five-Factor Structural Model for Wechsler Tests: Does It Really Matter Clinically?
Author(s): Schwartz, David M.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 175-185 APR 2013
IDS#: 149UK. ISSN: 0734-2829

Theory and Research: The Nexus of Clinical Inference [feedly]


 
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Theory and Research: The Nexus of Clinical Inference
Title: Theory and Research: The Nexus of Clinical Inference
Author(s): Claeys, Joseph
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 170-174 APR 2013
IDS#: 149UK. ISSN: 0734-2829


WAIS-IV and WISC-IV Structural Validity: Alternate Methods, Alternate Results. Commentary on Weiss et al. (2013a) and Weiss et al. (2013b) [feedly]


 
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WAIS-IV and WISC-IV Structural Validity: Alternate Methods, Alternate Results. Commentary on Weiss et al. (2013a) and Weiss et al. (2013b)
Title: WAIS-IV and WISC-IV Structural Validity: Alternate Methods, Alternate Results. Commentary on Weiss et al. (2013a) and Weiss et al. (2013b)
Author(s): Canivez, Gary L.; Kush, Joseph C.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 157-169 APR 2013
IDS#: 149UK. ISSN: 0734-2829


Theoretical Convergence in Assessment of Cognition [feedly]


 
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Theoretical Convergence in Assessment of Cognition
Title: Theoretical Convergence in Assessment of Cognition
Author(s): Bowden, Stephen C.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 148-156 APR 2013
IDS#: 149UK. ISSN: 0734-2829


Measuring Components of Intelligence: Mission Impossible? [feedly]


 
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Measuring Components of Intelligence: Mission Impossible?
Title: Measuring Components of Intelligence: Mission Impossible?
Author(s): Gregoire, Jacques
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 138-147 APR 2013
IDS#: 149UK. ISSN: 0734-2829


The Science of Intelligence Testing: Commentary on the Evolving Nature of Interpretations of the Wechsler Scales [feedly]


 
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The Science of Intelligence Testing: Commentary on the Evolving Nature of Interpretations of the Wechsler Scales
Title: The Science of Intelligence Testing: Commentary on the Evolving Nature of Interpretations of the Wechsler Scales
Author(s): Goldstein, Sam
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 132-137 APR 2013
IDS#: 149UK. ISSN: 0734-2829


WISC-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches [feedly]


 
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WISC-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Title: WISC-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Author(s): Weiss, Lawrence G.; Keith, Timothy Z.; Zhu, Jianjun; et al.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 114-131 APR 2013
IDS#: 149UK. ISSN: 0734-2829

WAIS-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches [feedly]


 
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WAIS-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Title: WAIS-IV and Clinical Validation of the Four- and Five-Factor Interpretative Approaches
Author(s): Weiss, Lawrence G.; Keith, Timothy Z.; Zhu, Jianjun; et al.
Source: JOURNAL OF PSYCHOEDUCATIONAL ASSESSMENT, 31 (2): 94-113 APR 2013
IDS#: 149UK. ISSN: 0734-2829


Tuesday, June 18, 2013

Texas Court Affirms That Former Death Row Inmate Has Been Held for 33 Years With No Conviction [feedly]


 
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Texas Court Affirms That Former Death Row Inmate Has Been Held for 33 Years With No Conviction

On June 12, the Texas Court of Criminal Appeals (CCA) held that former death row inmate Jerry Hartfield has been held in prison for 33 years despite having no valid conviction. The court concluded: "The status of the judgment of conviction is that Petitioner is under no conviction or sentence." Hartfield, an illiterate man with an IQ of 51, had his capital conviction overturned by the same court in 1980 because his trial jury was improperly selected. The court ordered a new trial for Hartfield, but that trial was never held. In 1983, then-Governor Mark White attempted to commute Hartfield's death sentence to life, but the CCA's recent ruling said the commutation was invalid because Hartfield had no conviction and hence, no sentence. He has remained in prison--not convicted of any crime--the entire time. The CCA's ruling was prompted by a request from the U.S. Court of Appeals for the Fifth Circuit, which is considering Hartfield's petition for release through habeas corpus. The 5th Circuit called Texas's defense of the unlawful incarceration "disturbingly unprofessional." Texas has indicated it may attempt to retry Hartfield, but that decision would likely be challenged as a violation of his constitutional right to a speedy trial.

Hartfield is now 57. He was originally convicted and sentenced to death for the 1976 robbery and killing of a bus station employee.

("Court: Texas inmate's decades-old sentence invalid," Associated Press, June 12, 2013; Hartfield v. Thaler, No. AP-76,926, CCA, June 12, 2013). See Innocence.



"The Impact of Neuroimages in the Sentencing Phase of Capital Trials" [feedly]


  
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"The Impact of Neuroimages in the Sentencing Phase of Capital Trials"
Recently posted to SSRN (and forthcoming in the Journal of Empirical Legal Studies): "The Impact of Neuroimages in the Sentencing Phase of Capital Trials" Michael J. Saks , Arizona State University (ASU) - Sandra Day O'Connor College of Law; N....


Monday, June 17, 2013

Error in Dr. James Flynn's (2009) WAIS-IV norming date: Quest blog post by Dr. Dale Watson



This is a guest blog post by Dr. Dale Watson.  The opinions expressed do not necessarily reflect the official position of the ICDP blog or the blogmaster.  However, it is of interest to note that the error Dr. James Flynn (2009) made in reporting the WAIS-IV norming date (here reported by Dr. Dale Watson) is true, and was also in a published review that I received a few days after I received Dr. Watson's guest post.  This second verification source (Kaufman, Dillon, & Kirsch, 2013) will be the subject of my next post.

Dr. Dale Watson's guest post 





In an article entitled, The WAIS-III and WAIS-IV: Daubert motions favor the certainly false over the approximately true, Dr. James Flynn analyzed data from a number of IQ tests, including the WAIS-R, WAIS-III, and WAIS-IV to estimate the rate of the “Flynn Effect” on the Wechsler scales in the U.S. over time.[i] He concluded, as have others, that in order to account for the obsolescence of aging IQ test norms, a “Flynn Effect” adjustment of 0.30 points per year from the date of a tests norming should be applied to the obtained IQ test scores (Flynn, 2009; Fletcher et al., 2010). For example, if the WAIS-III (normed in 1995) was administered to an individual in 2005, the obtained IQ should be downwardly adjusted by 0.30 x 10 or 3.0 points. Thus, an obtained IQ score of 72 would result in a Flynn-adjusted score of 69. Such adjustments have been recommended for use in Atkins evaluations (Flynn, 2009; Gresham & Reschly, 2011; cf Hagen et al., 2010).[ii]

Flynn compared the IQ scores obtained on the WAIS-III and the WAIS-IV in a sample of 240 examinees reported in the Technical and Interpretive Manual for the WAIS-IV (2008).[iii] The Technical Manual reported that the mean IQs differed by 2.9 points with the sample mean for the WAIS-IV being 100 and for the WAIS-III 102.9 (Wechsler, 2008, p. 75). However, because these IQ scores were calculated using different combinations of subtests, Flynn re-calculated the IQ scores utilizing the same combination of 11 subtest scores used on the WAIS-III to calculate the IQs. Flynn (2009) noted, “The list of subtests used to compute Full Scale IQ had not only changed, but had dropped from 11 to 10. But, once again, they gave the comparison group all 11 of the old WAIS-III subtests, and once again that was fortunate because it meant that the true obsolescence of the WAIS-III could be measured. I calculated the total standard score the group got on the same 11 WAIS-III and WAIS-IV subtests. Using the totals and the WAIS-III conversion table, I calculated Full Scale IQs for the two tests” (p. 102). 

In examining Flynn’s Table 2, it appears that these calculations included scores for the Picture Arrangement subtest for both the WAIS-III and WAIS-IV. However, the Picture Arrangement subtest is not included in the WAIS-IV so it is quite unclear how this calculation was performed. Moreover, there is a footnote to this table indicating that the “WAIS-IV estimate is eccentric in carrying over WISC-III subtests (and scoring vs. the WAIS-III tables)…” but the meaning of this statement is also uncertain. In addition, substitution of the Symbol Search subtest for Picture Arrangement appears to yield very similar results.

In any case, the point of this note is not to recalculate Flynn’s estimates but rather to point out what appears to be a discrepancy between WAIS-IV norming date provided by Flynn and that found in the Technical and Interpretive Manual for the WAIS-IV. Flynn indicated that the WAIS-IV was normed in 2006 (Table 1) whereas the Manual reported, “The WAIS-IV normative data was established using a sample collected from March 2007 to April 2008.” [iv] If we use 2007 as the mid-point norming date, the time between the norming of the WAIS-III and WAIS-IV is 12 years and not 11 as provided by Flynn. Using the Flynn 2006 date resulted in a calculated Flynn Effect between the WAIS-III and WAIS-IV of 0.306 points per year (+3.37 / 11 years). Using the norming date provided in the manual resulted in a calculated score of 0.281 points per year (+3.37 / 12 years). It is understood that this discrepancy of just 0.025 points is of little practical significance but it should be noted nonetheless. Moreover, the metaphorical splitting of hairs is not uncommon when discussing the Flynn Effect. Hagan et al. (2010) asserted, “Decades of FE research and testimony… depict the amount of this shift as a moving target. For example, Flynn (1998) once identified the annual shift as 0.25 rather than 0.30, but later testified in Ex Parte Eric Dewayne Cathey (2010) that 0.29 would be appropriate. Schalock et al. (2010) have called for an annual adjustment of 0.33” pp. 1-2.[v] Flynn has acknowledged that the results reported in his report are estimates for the Wechsler scales, writing, “It is quite possible that the rate of gain on Wechsler tests is 0.275 or 0.325 points per year” (Flynn, 2009, p. 104). The recalculation noted here is consistent with this judgment. Further, the weight of the available evidence, including that of a recent meta-analysis, continues to support the Flynn Effect adjustment of 0.3 points per year.[vi]



[i] Flynn, J. R. (2009). The WAIS-III and WAIS-IV: Daubert motions favor the certainly false over the approximately true. Applied Neuropsychology, 16(2), 98-104. doi: 10.1080/09084280902864360
[ii] Gresham, F. M., & Reschly, D. J. (2011). Standard of practice and Flynn Effect testimony in death penalty cases. Intellectual and Developmental Disabilities, 49(3), 131-140. doi: 10.1352/1934-9556-49.3.131
[iii] Wechsler, D. (2008). Wechsler Adult Intelligence Scale: Technical and interpretive manual (4th ed.). San Antonio, TX: Pearson.
[iv] Id., p. 22.
[v] Hagan, L. D., Drogin, E. Y., & Guilmette, T. J. (2010). IQ scores should not be adjusted for the Flynn Effect in capital punishment cases. Journal of Psychoeducational Assessment, 28(5), 474-476. doi: 10.1177/0734282910373343
[vi] Fletcher, J. M., Stuebing, K. K., & Hughes, L. C. (2010). IQ scores should be corrected for the Flynn Effect in high-stakes decisions. Journal of Psychoeducational Assessment, 28(5), 469-473. doi: 10.1177/0734282910373341

Top-Ten Recent SSRN Downloads [feedly]


 
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Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 379 Background Checks and Murder Rates Clayton E. Cramer, College of Western Idaho, Date posted to database: April 12, 2013 [2nd last week] 2 219...




Friday, May 31, 2013

Article: INTELLECTUAL DISABILITY: Georgia Inmate Appeals Intellectual Disability Claim to U.S. Supreme Court


INTELLECTUAL DISABILITY: Georgia Inmate Appeals Intellectual Disability Claim to U.S. Supreme Court
http://deathpenaltyinfo.org/intellectual-disability-georgia-inmate-appeals-intellectual-disability-claim-us-supreme-court

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*******************************************
Kevin McGrew, PhD
Educational Psychologist
Director, IAP
*******************************************

Friday, May 24, 2013

AP101 Brief #1b: g or not to g in Atkins MR death penalty cases? (part b in series)

This is a prior (OBG) post for those who may have missed it the first time.


Applied Psychometrics (AP) 101 Brief #1b:  g or not to g in Atkins MR death penalty cases (second in a series)

If you have not read the first  post in this series, you should read the first post now.  Then return and resume reading.

As described in the first post, the g-loadings (of the tests or composite scores in an IQ battery) on the first principal-component in principal component analysis (PCA) is a traditional index of the g-ness (aka., saturation of general intellectual ability) of a measure.  Furthermore, g-loadings calculated within a specific intelligence battery only tell you the relative g-ness of measures as defined by that specific collection of measures within that particular IQ battery.  It is when one moves to joint-analysis of intelligence batteries (and the more batteries in the analysis the better) that a more accurate picture of a measures g-ness can be determined.

Having access to the mixed LD/normal university young adult sample reported in the WJ III technical manual (conflict of interest note - I'm a coauthor of the WJ III), I just ran a joint PCA on on this sample of 200.  A description of the sample and instruments administered, abstracted from the WJ III technical manual (click here for a brief WJ III technical manual bulletin summary) can be found by clicking here.   I selected this data set as the adult subjects had all been administered the WAIS-III.  In addition, they had also been administered the CHC-based WJ III Tests of Cognitive Ability (WJ III) and the Gf-Gc based Kaufman Adolescent and Adult Intelligence test (KAIT).  I analyzed the composite scores from the three batteries via the PCA procedures conceptually described in the first post in this series.  Below is a summary of the results.

Interestingly, the top four g-measures are from the KAIT (Fluid and Crystallized composites) and the WJ III (Gc=Comprehension-Knowledge; Gf=Fluid Reasoning).  Even more interesting was the finding that when a more broad array of cognitive ability composites are included in a g-analysis, the WAIS-III VC (Verbal Comprehension Index; also classified as a strong measure of Gc as per CHC theory) is only the 9th strongest g-measure, and even falls behind the WAIS-III Perceptual Organization (PO; primarily Gv and some Gf as per CHC theory) and Working Memory Indexes (WM--Gsm as per CHC theory). 

A hypothesis that has been advanced to explain the differences in how Gc/verbal abilities are measured by the Wechsler verbal scales and Gc/verbal abilities on other cognitive batteries is grounded in Jim Cummins distinction between two types of language proficiency---BICS (Basic Interpersonal Communication Skills) and CALPS (Cognitive Academic Language Proficiency; click here for additional on-line information).  Briefly, BICS is language proficiency in more contextualized everyday language contexts while CALP is the more context-reduced conceptual-linguistic knowledge that occures in a context of semantics, and abstractions.  CALP is more cognitively demanding.  Anyone familiar with the Wechsler verbal subtests of Vocabulary, Comprehension and Similarities knows that they allow for subjects to provide lengthy verbal responses in their own everyday language.  In contrast, verbal items on other IQ tests (e.g., WJ III), require one-word responses and tend to focus more on cognitive processing involving language (e.g., antonyms, synonyms, verbal analogies).  It has been hypothesized that the Wechsler verbal tests and scales are more BICS-influenced while other IQ tests tend to use verbal/Gc test formats that require more CALP.  This might explain the findings reported above--that the WAIS III Verbal Comprehension Index is less cognitively demanding that the Gc/Verbal scales from the WJ III and KAIT.

Why is this finding important?  Because in a number of Atkins decisions, where concerns were raised about the person's WAIS-III Full Scale score being a good estimate of the persons g-ness (general intelligence), considerable stock was placed in the Verbal IQ (of which the Verbal Comprehension Index is now a purer factor measure) as being the best estimate of the person's general intelligence (see posts re: Maldonado and Vidal decisions)

Lets also examine these same data through the lens of multidimensional scaling analysis (specifically, Guttman's Radex Model).  The radex model statistically classifies measures as per two dimensions--cognitive complexity and stimulus content.  As noted in the prior post in this series, cognitively complexity is considered an index of general intelligence (g). For interested readers, a classic article on the use of the MDS radex model in the analysis of intelligence measure was published in Intelligence in 1983 (Marshalek, Lohman & Snow, 1983). Below is a visual-spatial representation of the MDS results in the current university sample, using the same composite measures as reported above (in the PCA g-loading analysis).  The interpretations below are mine.





The two broad cognitive processing continuim interpretaions (X- and Y-axis) are not the focal point of the current discussion.  The most critical finding in the current context, as per the radex model, is how close to the center of the figure a composite measure score is placed.  Measures that are the closest to the center are considered the most cognitively complex.  As measures move further away from the center, they are judged to be less cognitively complex. 

The results, although using a different method than PCA, produce the same conclusions.  The most cognitively complex measure in this sample (which could be thus interpreted as the best index of cognitive complexity or g-ness) is the KAIT Fluid Intelligence Scale.  The next closest to the center of the figure are the WJ III Gc (Comprehension-Knowledge) and Gf (Fluid Reasoning) clusters.  Again of interest is the location of the WAIS VC composite...it is much less cognitively complex than these other measures, and interestingly, much less cognitively complex than the two similar measures of Gc abilities (WJ III Gc composite; KAIT Crystallized Intelligence composite).  I've also provided my stimulus content hypothesis interpretations of groupings of composties (designated by ovals) from across the batteries (e.g., Processing Speed- WAIS Processing Speed and WJ III Gs or Processing Speed).

The findings in this one sample (which therefore warrants caution in generalization), suggests that the WAIS-III Verbal Comprehension composite, which is the most valid measure of Gc or verbal abilities on the WAIS-III, may NOT be all it is thought to be--when it comes to tapping cognitively complex cognitive processing.  Other Gc or verbal measures from intelligence batteries with adult norms (KAIT; WJ III) were found, in a relative sense, to be much better indicators of a person's g-ness (general intelligence).  The data suggest that, in this sample, even the WAIS-III Working Memory Index score may be a better relative proxy for g-ness than the WAIS verbal composite.

These analyses raise interesting questions about Atkins decisions that have relied either exclusively on the WAIS-R/WAIS-III scores, particularly when part scores (Verbal IQ, Verbal Comprehension; Peformance IQ; Perceptual Organization; etc.) are used instead of the Full-Scale IQ to determine mental retardation, or when the respective WAIS verbal composite is considered better than other potential test global IQ scores (or similar Gc/verbalcomposite scores from other batteries) in making a determination of level of general intellectual functioning.

How can this be?  How can a major scale from the "gold standard" of IQ tests (as it is commonly called in Atkins decisions) be a poorer estimate of general intelligence (g-ness) than most psychologists think?  More importantly, what are the implications for Atkins decisions, when the WAIS-R/III Full Scale score has been questioned as an accurate g-estimate in the face of considerable profile variability, and then the Verbal IQ/Verbal Comprehension Index is used to estimate g-ness (general intelligence)?

In both the Maldonado and Vidal decisions considerable stock was placed on the respective Wechsler verbal composite scores as being the best indicator of general intelligence (for making a determination of mental retardation).  In Maldonado, the reliance of the Wechsler verbal composite trumped a more comprehensive CHC-based IQ battery (BAT-R) administered in Maldonado's native language (Spanish).  Of concern in the Vidal decision, is that he had been administered four different versions of the Wechsler IQ batteries (over many decades), and they consistently revealed a large verbal/nonverbal (performance) IQ split.  Thus, arguments hinged extensively on the Verbal IQ vs the Full Scale IQ.  I'm perplexed why the experts in intelligence and intelligence testing, even without knowing the result of the above g-analysis, did not say "we've got consistent Wechsler V-P split information, I think it would be important to administer more contemporary intelligence tests, or parts of some of these batteries, to find out more information about important g-related cognitive abilities (for the defendant) not measured by the WAIS battery."  The Wechsler batteries had consistently captured Vidals abilities as measured per that battery--wouldn't time have been better spent, and a decision made on a higher quality array of cognitive information, by requesting administration of other IQ tests (or parts of other IQ tests) instead of arguing over old and consistent limited cognitive data? In fact, I, together with Flanagan and Ortiz, published a book in 2000 (The Wechsler Intelligence Scales and Gf-Gc theory:  A contemporary approach to interpretation) that presents procedures for augmenting the various Wechsler batteries to provide for a more comprehensive CHC/Gf-Gc based assessment of a persons intellectual functioning.  This information was also available as early as 1998 (see ITDR by McGrew and Flanagan).  [conflict of interest note - I coauthored these two books which made little in the way of ching-$ for the authors.  They are now both not being printed and none of the authors are receiving any royalties from their sales].

I continue to be baffled/troubled by the over-reliance, and almost god-like stature of the various versions of the WAIS (R/III/IV), in Atkins rulings.  It has been well known (and written about in articles and books; click here) since the early 1990's, that contemporary CHC (aka, Gf-Gc) theory had emerged as the consensus model of intelligence and, more importantly, instruments had been designed (with adult norms) to measure many of the unmeasured or poorly measured CHC abilities not taped by the WAIS-R/III batteries.  If I was an attorney arguing an Atkins case, on either side of the fence, I would seek intellectual testing beyond the so-called "gold standard."  I would want the best possible estimate of g-ness (since this seems to be the crux of the first prong of MR determination in most Atkins cases).

IMHO, the major problem is that of the "inertia of tradition" in intelligence testing, particularly in psychology disciplines that deal with adult populations.  Many practicing psychologists, esp. those working in adult settings whose professional associations and journals have paid less attention to contemporary intelligence theory and test development (less than school and educational psychologists), simply have not kept abreast of these developments. 

How long will Atkins expert intelligence testimony, expert debates, and decisions be made in the face of the Atkins MR IQ Theory-Test gap?  Isn't this simply wrong?  Professionally and ethically shouldn't psychologists who offer judgements in life-or-death decisions hinging on IQ test results be "up to speed" regarding contemporary intelligence theory and instruments?  Should the courts continue to handicapped by the presentation of intelligence test results that are not based on the best evidence from intelligence theory, research, and test development?  The courts are at the mercy of experts who testify, experts who I believe need to be familiar with the cutting edge empirical and theoretical information on the structure of human intelligence and various IQ batteries that are available, beyond the Wechslers.

Given the data presented above, it is possible that the decisions in at least two cases (and I'm sure there are more), may have had a different outcome, or at least an outcome based on a more comprehensive set of intelligence information.  Justice could have been better served via more contemporary intellectual testing practice and interpretation.

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