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Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Psychological Assessment. Show all posts
Showing posts with label Psychological Assessment. Show all posts

Thursday, May 4, 2023

The Unchecked Rise of Psychological Testing Evidence in United States Courts.

King, C., & Neal, T. M. (2022, June 7).
https://doi.org/10.31234/osf.io/4hfd6

Abstract

Psychological testing, based on psychometric science, is often used in court to aid judges and juries in making legal decisions that profoundly affect people’s lives, such as eligibility for disability benefits, psychological damages, child custody, and whether and where someone will serve a criminal sentence. We provide a novel estimate of the pattern of psychological tests introduced as legal evidence throughout the entire history of United States case law, finding a sharp increase in this type of expert evidence in recent years. Although the law requires judges to screen evidence for relevance and reliability before allowing an expert to testify about it in court, legal challenges to psychological testing evidence are rare: across 28,824 judicial opinions citing psychological tests, just 479 involved a potential admissibility challenge (1.66%). This finding informs and raises questions for the public as well as legal and mental health professionals.

Discussion

Our results indicate that psychological testing evidence in U.S. courts has been increasing steadily in civil, family, and criminal cases over the past half-century, beginning roughly around the time that psychological testing emerged as a specialty in the field of psychology. Although we used a sizable sample, psychological testing evidence has undoubtedly occurred in many more cases than we could capture—with such evidence either not specified in written opinions, or judicial decisions not incorporated, for various reasons, into the large legal database we searched.

We also found evidence that legal professionals either rarely scrutinize psychological testing evidence, or admissibility decisions about such evidence are not typically deemed significant enough to warrant written explanations. This seems to be true irrespective of shifts in the strictness of admissibility standards over time. Potential challenge rates did, however, vary across individual psychological tests, and at least a third of the examined tests were challenged at least once. The two most commonly challenged types of tests provide a clue as to the type of case most likely to involve testing-related challenges: litigation concerning the civil commitment of certain convicted sex offenders. Nevertheless, the generally unchecked rise in psychological testing evidence, as suggested by this study, raises questions about the rigor of current admissibility standards, the functioning of the enforcers of those rules, and the seemingly broad deference afforded to mental health professionals’ highly varied test selections.

Tuesday, August 27, 2019

Neuroscience and mental state issues in forensic assessment

David Freedman and Simona Zaami
International Journal of Law and Psychiatry
Available online 2 April 2019

Abstract

Neuroscience has already changed how the law understands an individual's cognitive processes, how those processes shape behavior, and how bio-psychosocial history and neurodevelopmental approaches provide information, which is critical to understanding mental states underlying behavior, including criminal behavior. In this paper, we briefly review the state of forensic assessment of mental conditions in the relative culpability of criminal defendants, focused primarily on the weaknesses of current approaches. We then turn to focus on neuroscience approaches and how they have the potential to improve assessment, but with significant risks and limitations.

From the Conclusion:

This approach is not a cure-all. Understanding and explaining specific behaviors is a difficult undertaking, and explaining the mental condition of the person engaged in those behaviors at the time the behaviors took place is even more difficult. Yet, the law requires some degree of reliability and rigorous, honest presentation of the strengths and weaknesses of the science being relied upon to form opinions.  Despite the dramatic advances understanding the neural bases of cognition and functioning, neuroscience does not yet reliably describe how those processes emerge in a specific environmental context (Poldrack et al., 2018), nor what an individual was thinking, feeling, experiencing, understanding, or intending at a particular moment in time (Freedman & Woods, 2018; Greely & Farahany, 2019).

The info is here.

Wednesday, September 14, 2016

Report: Gardens employer of Pulse nightclub shooter fined $150k

Lulu Ramadan
PalmBeachPost.com
Originally posted September 10, 2016

The Palm Beach Gardens-based security company that employed the Orlando nightclub shooter Omar Mateen was ordered to pay “the largest fine issued in history” of the Florida Department of Agriculture and Consumer Services for falsley reporting psychological testing information, the Orlando Sentinel reports.

G4S Secure Solutions was issued the $151,400 fine Friday, after the department found that the psychologist listed on a form that allowed Mateen to carry a weapon was not practicing as a screener. A total of 1,514 forms submitted between 2006 and 2016 erroneously listed psychologist Carol Nudelman’s name.

The form that allowed Mateen to carry a gun as a security guard was dated Sept. 6, 2007, nearly two years after Nudelman had retired.

The article is here.

Thursday, March 24, 2016

Should Therapists Analyze Presidential Candidates?

by Robert Klitzman
The New York Times
Originally published March 6, 2016

Many psychologists have been quick to offer diagnoses, calling him and other presidential candidates "narcissists," and even providing thoughts about possible treatments.

I wondered what, if anything, to say. I've watched Mr. Trump on TV like everyone else, but never met him. So, I hesitated -- for ethical reasons. The American Psychiatric Association (A.P.A.) prohibits its members from giving professional opinions about public figures we have not interviewed.

This ban stems from a bad incident in my field. In 1964, Fact magazine published an article, announced on its cover as "1,189 Psychiatrists say Goldwater is Psychologically Unfit to be President". The magazine surveyed these professionals, and 49 percent of respondents said Barry M. Goldwater was unfit for the job, describing him as "unbalanced," "immature," "paranoid," "psychotic" and "schizophrenic," and questioning his "manliness." Leading psychiatrists were among those quoted. A famous Johns Hopkins professor said Mr. Goldwater's utterances should "disqualify him from the presidency."

Sunday, January 18, 2015

Why the Myers-Briggs test is totally meaningless

By Joseph Stromberg
Vox
Published on January 5, 2015

The Myers-Briggs Type Indicator is probably the most widely used personality test in the world.

An estimated 2 million people take it annually, at the behest of corporate HR departments, colleges, and even government agencies. The company that makes and markets the test makes somewhere around $20 million each year.

The only problem? The test is completely meaningless.

"There's just no evidence behind it," says Adam Grant, an organizational psychologist at the University of Pennsylvania who's written about the shortcomings of the Myers-Briggs previously. "The characteristics measured by the test have almost no predictive power on how happy you'll be in a situation, how you'll perform at your job, or how happy you'll be in your marriage."

The entire article is here.