Term
| What is a forensic evaluation? |
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Definition
| Any evaluation that is conducted specifically for use in a legal forum to assist the decision-maker about the case at hand. |
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Term
| What are the differences between forensic psychologists and clinical ones? |
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Definition
-Client
-Privilege
-Cognitive and evaluative set of forensic examiner
-Areas of competency
-Nature of hypotheses
-Scrutiny
-Structure and control
-Adversarial continuum
-Goal of professional
-Impact of relationship |
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Term
| What are the differences between forensic and clinical examinations? |
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Definition
-Validity threats – external and internal
-Reconstruction and remoteness
-Reliance on Third party data
-Court challenges to testimony
--Relevance
--Probative
--Misleading or prejudicial |
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Term
| Name and describe the 5 principles that should be held by a forensic expert |
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Definition
1. Competence: APA principles, pressure from advocate, identify legal question, determine if competent to respond
2. Relevance: Disclose to client all information relevant to proffered opinion, not participate in shielding evidence, honesty regarding information relevant to opinion, casts greater credibility
3. Perspective: Require all relevant information, including competing views, allows for presentation of testimony in candid manner, increases the persuasive argument
4. Balance: Obligation to assign fair weigh to data, failure of balance renders the expert an ineffective advocate, consider rival hypotheses
5. Candor: Forthrightness with which forensic psychologist renders opinion, may disappoint retaining client, selective disclosure may place client at a disadvantage |
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Term
| Name and describe the two types of witnesses |
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Definition
1. Fact witness: No special expertise beyond observation
2. Expert witness: specialized knowledge and expertise; aid trier of fact and court.
--Treating experts – provide care and treatment
Offer clinical diagnosis and prognosis
--Forensic experts: Retained to address a legal matter at hand |
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Term
| What is the Frye standard of scientific admissibility? |
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Definition
| Underlying theory must be generally accepted by particular scientific community from which it arises |
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Term
| Describe the Daubert standard of admissibility |
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Definition
-Judge as a “gate-keeper”
Key Elements:
-Testability
-Peer review and publication
-Known or potential error rate
-General acceptance |
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Term
| What needs to be considered when selecting a forensic test? |
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Definition
1. Commercially available
2. Reliability
3. Relevant to legal issue or to psychological construct underlying the
legal issue
4. Standard administration (difficult in prison settings)
5. Interpretation – must be based on test development and purpose
--Population consideration important
--Situation specificity
--Fit between individual and performance
--Limitations
6. Combination of objective and actuarial tests preferred
7. Assessment of response style (malingering, defensiveness, etc) |
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Term
| What are the differences between standards of care and standards of practice? |
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Definition
Standards of Care:
-Judicially determined
-Externally established by courts
-Adherence is mandatory
-Any breach could result in monetary damages or liability
Standards of Practice
-Best practices in the field
-Internally established by the field
-Adherence is aspirational
-Any breach may result in sanctions |
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Term
| When considering a forensic mental health assessment, what should a practitioner consider? |
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Definition
1. Identify relevant forensic issue
2. Accept only referral in area of expertise
3. Avoid dual roles
4. Use multiple sources of data
5. Use idiographic (case specific) data in assessing functional abilities and clinical conditions and causal connections
6. Use nomothetic evidence to assess clinical condition
7. Use plain language, avoid jargon (IMPORTANT) |
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Term
| What problems might an attorney present if he or she attends the assessment and how should you deal with them? |
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Definition
-Possible threat to validity
-Communicate possible ethical problems to court
-Structure to minimize distraction
-Know what the state statute permits
-Notify examinee about possible influence of third party
-Adhere to standardized methods of administration
-Careful with video/audio taping influence |
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Term
| What are some sources of ethical standards or codes? |
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Definition
-American Psychological Association
-Education and Testing Standards
-Child Custody Standards
-Specialty Guidelines
-State Ethics Laws |
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Term
| What are some potential problem areas in regards to boundaries and competence for forensic examiners? |
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Definition
-Sex
-Suicide
-Child Custody
--Release of records
--Role confusion and potential conflicts of interest
-Confidentiality
-Record Keeping |
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Term
| Is the APA's ethics code is intended to be a basis for civil liability? |
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Definition
| No, although they set forth enforceable rules for conduct as psychologists, they are meant as a guide for behavior. |
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Term
| What are the general principles in psychological ethical standards? |
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Definition
-Beneficence and Non-maleficence
--Do good and do no harm
-Fidelity and Responsibility
-Integrity
-Justice (new principle)
-Respect for people’s rights and dignity |
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Term
| Describe what is meant by the boundaries of competence ethical standard. |
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Definition
When assuming forensic roles, psychologists are or become reasonably familiar with the judicial or administrative rules governing their roles. This includes:
-Rules of evidence
-Definition of competency
-Relevant state statutes |
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Term
| In ethical standards, what is meant by multiple roles? |
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Definition
| A multiple relationship occurs when a psychologist is in a professional role with a person and (1) at the same time is in another role with the same person, (2) at the same time is in a relationship with a person closely associated with or related to the person with whom they have the professional relationship, or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person. |
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Term
| Should a psychologist be forced into a multiple role, be it due to law or extraordinary circumstances, what should he or she do at the outset of his or her involvement? |
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Definition
| Clarify role expectations and the extent of confidentiality and thereafter as changes occur. |
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Term
| Describe what is meant by the ethical standard "basis of assessment." |
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Definition
| When psychologists conduct a record review or provide consultation or supervision and an individual examination is not warranted or necessary for the opinion, psychologist explain this and the source so information on which they are based their conclusions and recommendations. |
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Term
| When can a psychologist use an assessment tool, according to ethical standards? What should be done if this first requirement is not met? |
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Definition
| Psychologists use assessment instruments whose validity and reliability have been established for use with members of the population tested. When such validity or reliability has not been established, psychologists describe the strengths and limitations of test results and interpretation. |
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Term
| When administering an assessment, does the person's native language matter? |
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Definition
| Yes. Psychologists use assessment methods that are appropriate to an individual’s language preference and competence, unless the use of an alternative language is relevant to the assessment issues. |
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Term
| What do the ethical standards have to say about the release of test data? |
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Definition
Psychologists may refrain from releasing test data to protect client/patient or others from substantial harm, recognizing than in many instances release of confidential information under these circumstances is regulated by law.
In the absence of a client/patient release, psychologists provide test data only as required by law or court order. |
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Term
| Does it matter if a psychologist details test materials to third parties? |
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Definition
| Yes. Psychologists are required to make reasonable efforts to maintain the integrity and security of test materials and other assessment techniques consistent with law, contractual obligations, and in a manner that permits adherence to this Ethics Code |
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Term
| Under the specialty guidelines for forensic psychology, what is said about impartiality and fairness? |
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Definition
| “When conducting forensic examinations, forensic practitioners strive to be unbiased and impartial, and avoid partisan presentation of unrepresentative, incomplete, or inaccurate evidence that might mislead finders of fact. This guideline does not preclude forceful presentation of the data and reasoning upon which a conclusion or professional product is based.” |
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Term
| Under the specialty guidelines for forensic psychology, what is required in terms of the psychologist's knowledge of the scientific foundation of opinions and testimony? |
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Definition
| “Forensic practitioners seek to provide opinions and testimony that are sufficiently based upon adequate scientific foundation, and reliable and valid principles and methods that have been applied appropriately to the facts of the case.” |
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Term
| According to the specialty guidelines for forensic psychology,what is the focus of forensic examiners? |
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Definition
| Legally relevant matters. “Forensic examiners seek to assist the trier of fact to understand evidence or determine a fact in issue, and they provide information that is most relevant to the psycholegal issue. In reports and testimony forensic practitioners typically provide information about examinees’ functional abilities, capacities, knowledge, and beliefs, and address their opinions and recommendations to the identified psycholegal issues.” |
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Term
| What do the specialty guidelines for forensic psychology say about the differences between observations, inferences, and conclusions? |
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Definition
| In their communications, forensic practitioners strive to distinguish observations, inferences, and conclusions. Forensic practitioners are encouraged to explain the relationship between their expert opinions and the legal issues and facts of the case at hand. |
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Term
| What do the specialty guidelines for forensic psychology have to say about assessment procedures in different contexts? |
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Definition
| “Because of the many differences between forensic and therapeutic contexts, forensic practitioners consider and seek to make known that some examination results may warrant substantially different interpretation when administered in forensic contexts …” |
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Term
| Describe a model for resolving ethical dilemmas |
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Definition
-Make sure to consult colleague!
-Describe the parameters of the situation
-Define the potential issues involved
-Consult the guidelines, if any, already available that might apply to the situation
-Make the decision
-Generate the alternative decision
-Enumerate the consequences
-Present any evidence that the various consequences or benefits from the results of each decision
-Make the decision |
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Term
| Name and describe the different types of validity |
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Definition
-Content – questions or items are representative of the behavior the test was designed to
-Construct – does test or measure assess that underlying theory, characteristic, trait that which it purports to measure?
-Criterion related – effective in estimating performance on some outcome measure
-Concurrent – outcome obtained at same time as test scores
-Predictive – outcome obtained as future time
-Convergent and Divergent
--Convergent: test/measure correlates highly with other measures it should correlate with
--Divergent: test/measure does not correlate with other measures that it should not correlate with |
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Term
| What are the three types of reliability? |
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Definition
-Test-Retest – 1st and 2nd score correlated
-Inter-Rater
Internal Consistency
-Split-Half – correlating pairs of scores obtained from equivalent halves of a test administration |
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Term
| The main findings from "Undue Influence or Ensuring Rights?" bt Cramer & Brodsky, 2007 were... |
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Definition
| That although they may wish to supervise and protect their client in evaluations, lawyers should not be allowed in. They can review video/audio recordings if they wish. People being tested tend to score slightly lower when attorneys are present, and the tests can become biased due to the lawyer's presence |
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Term
| What were the main points made in "Third Party Presence During Criminal Forensic Evaluations," by Shealy, Cramer, & Pirelli, 2008? |
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Definition
| That attorneys should not be present at testing, as this could result in invalid results or lower scores. The same is true for visible recording devices. Most examiners surveyed wrote that they did not like to allow a lawyer to be present during an evaluation. |
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Term
| Describe the main findings in "Navigating Cross-Cultural Issues in Forensic Assessment," by Weiss & Rosenfeld, 2012 |
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Definition
-Practitioners should avoid evaluations on people who come from unfamiliar backgrounds, unless a suitable (court approved) translator is used
-Culture can influence a person's symptoms and any test used should have validity tests with the person's culture |
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Term
| What were the main findings in "Standards of Practice and Care in Forensic Mental Health Assessment," by Heilbrun, DeMatteo, Marczyk, & Goldstein, 2008? |
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Definition
-To present relevant information that would allow for the development of a standardized system of care for forensic evaluators
-Differences between standards of care and practice
-APA guidelines don't supersede individual judgement, so doesn't hamper bad practices |
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Term
| What were the main findings in "The Effectiveness of Opposing Expert Witnesses for Educating Jurors about Unreliable Expert Evidence," by Levett & Kovera, 2007? |
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Definition
| -Expert witnesses do not help jurors distinguish between sound and "junk" science and instead made jurors more skeptical of ALL testimony given |
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