1
Q
What is Stare Decisis?
A
“To stand by things decided”
the doctrine of precedent… whereby it is necessary for a court to follow an earlier decision when the same issues are in dispute in the litigation.
2
Q
What is a tort?
A
“civil wrong” - generally a wrongful act or omission
*Excludes a breach of contract
3
Q
Goodman-Delahunty and Foote (2011)
Emotional Damages
5 Stage Model
A
Stage 1: “day=before” - birth to day before tort occurred
Stage 2: During the tort
Stage 3: After the tort finishes
Stage 4: When plaintiff arrives to the evaluation
Stage 5: Projects evaluation results into the future (future gain, future pain)
4
Q
What is it called when a plaintiff is exceptionally fragile and experiences injury disproportionate to the harm producing conduct?
A
Eggshell-Skull plaintiff
5
Q
Question of Liability - Collectively called “Burden of Proof”
A
Burden of Production (plaintiff)
Burden of Persuasion
6
Q
Prima Facie (negligence)
A
Duty
Breach
Cause
Damage
Civil suit term meaning the plaintiff pleads adequate facts, so if it were true
7
Q
Title VII of this Act made it unlawful to discriminate in employment matters based on race, color, religion, sex, and national origin.
A
Civil Rights Act of 1964
8
Q
What are two detection strategies that lack sufficient validation which limits use in clinical practice?
A
Close approximations to genuine symptoms (needs cross validated)
Overly specified symptoms (relatively weak conceptual basis)
9
Q
What is a single point cutoff score?
A
Classifies all examinees as being above or below a designated point; they are prone to both measurement errors and classification errors, which combined, may exceed 50%
10
Q
What is a well-defined cut-off score?
A
Removes an intermediate group that is too close to classify as a systematic method for improving utility estimates.
11
Q
When an evaluation “address and inform a legally relevant issue of psychological suitability for a sensitive position” it is called?
A
forensic evaluation
12
Q
Conte v. Horcher (1977)
A
Landmark case where Supreme Court case found “It is the duty of the police chief to maintain a capable and efficient force. An examination, either physical or mental, enables the chief to ascertain the qualifications of a person to perform particular duties or to fill a particular position.
Police LT brought suit against chief of police for ordering him to undergo a psychological evaluation, claiming that the mandate was inappropriate and unlawful. Court says chief not only had the authority to order the evaluation, but was obligated if he had concerns.
13
Q
Employers must reach the business necessity standard to refer for FFDE which is..?
A
Objective evidence of the job-related performance problems or safety threats and a know or reasonably suspected mental condition.
14
Q
Brownfield v. City of Yakima (2010)
A
Case in employment law that clarified when an employer can require a Fitness for Duty Exam under the Americans with Disabilities Act. Court established a clear standard for “business necessity” and affirmed the dismissal of Brownfield’s claim, ruling that his termination for insubordination (after refusing the exam) was lawful because the city’s request for the FFDE was a valid business necessity.
15
Q
What year was the American with Disabilities Act signed?
A
July 1990 by President George Bush, and it was enacted two years later.
16
Q
A type of claim in which the person must establish that he or she is disabled according to the criteria of the ADA, that he or she has suffered adverse treatment from the employer in the form of being terminated, not hired, or not promoted, and that “a similarly situated nondisabled employee was treated more favorably.”
A
Disparate treatment
17
Q
When the adverse job action that the worker suffered is not a result of the employer’s deliberate discrimination, but rather is a result of a policy or plan that, on its face, was designed to be neutral toward people with disabilities, but has a disproportionate adverse impact on people with disabilities.
A
disparate impact
18
Q
What juvenile tools estimates risk AND guides rehabilitation planning?
A
SAVRY - Structured Assessment of Violence Risk for Youth
Youth Level of Services/Case Management Inventory
19
Q
What does the APA’s Ethical Principals of Psychologists and Code of Conduct consist of?
A
Introduction
Preamble
FIVE General Principles (A-E)
Specific Ethical Standards
20
Q
What part of the Ethics Code is aspirational goals?
A
Preamble and General Principles
21
Q
What part of the Ethics Code is enforceable?
A
Ethical Standards
22
Q
What part of Ethics Code discusses intent, organization, procedural considerations, and scope of application of the Ethics Code?
A
Introduction
23
Q
What are the modifiers used in the Ethics Code?
A
Reasonable, appropriate, potentially
24
Q
The American Bar Association published the National Benchbook on Psychiatric and Psychological Evidence and Testimony (1998) which was designed to:
A
Aids decision making regarding admissibility of evidence.
25
What study looked at a large group of patients from acute civil inpatient facilities in 3 U.S. cities?
MacArthur Violence Risk Assessment Study
26
Personality traits become symptoms when they meet two criteria which are?
severity - the traits deviate markedly from the norm, prominent, to the extent they are perceived by others to be rigid, fixed, or extreme
impairment - the traits substantially interfere with adjustment by, for example, causing personal distress or dissatisfaction, disrupting basic psychological functions, increasing risk for morbidity and mortality, disturbing interpersonal relations, and interfering with the fulfillment of social roles and obligations.
27
Name the six domains of the Comprehensive Assessment of Psychopathic Personality (CAPP)
Attachment - reflects affiliation in interpersonal relations, include symptoms such as detachment, lack of commitment, and lack of empathy or concern for others.
Behavioral - Reflects organization goal-oriented activities, includes lack of perseverance, unreliability, recklessness, restlessness, disruptiveness, and aggressiveness.
Cognitive - Reflects organization mental activities, includes suspiciousness, and flexibility, intolerance, lack of planfullness and lack of concentration.
Dominance - Reflects status and interpersonal relations, includes antagonism, arrogance, deceitfulness, manipulation, insincerity, and glibness or garrulousness.
Emotional - Reflects the experience and expression of affect, includes lack of anxiety, lack of remorse, lack of emotional depth, and lack of emotional stability.
Self - Reflects organization of self-concept and self – other relation, includes self-centeredness, self-aggrandizement, self-justification, and a sense of entitlement uniqueness and invulnerability.
28
What are the two primary approaches to diagnosing psychopathology?
First approach focuses on symptoms related to impulsive, irresponsible, and antisocial behavior. Underlies the criteria for APD. Has been referred to as "Washington University tradition."
Second approach is broader, and includes diverse symptoms (multiple domains from CAPP). Underlies the ICD-10 criteria for dissocial personality disorder and PCL criteria. Referred to as the "Cleckley tradition" (The Mask of Insanity).
Cleckley preferred because it uses PCL-R and PCL-SV.
29
What three things do contemporary diagnostic criteria for psychopathy have in common?
1. All are fixed and explicit - examiners must follow rules established a priori to make a diagnosis based on the presence of various symptoms, features or other conditions.
2. All the criteria sets comprise multiple symptoms. Examiners must consider the presence of various features of psychopathy.
3. All are based at least in part on symptoms of that are individually contributory to diagnosis, rather than necessary for diagnosis.
Examiners may diagnose the disorder based on various combinations of symptoms.
30
What is the prevalence of psychopathy?
General -
Correctional -
General - 1.5 - 3.5%
Correctional - 50 - 75%
31
What are the three explanations for group differences in psychopathy?
lack of conceptual equivalence - the disorder is not more apparent, recognized, or relevant to one group than to another. Little attention has been paid to age.
lack of structural equivalence - the disorder does not "look different" across groups. Little attention to age.
lack of metric equivalence - Some bias in existing procedures for assessing or measuring psychopathy (different countries, men v women). Little attention to age.
32
What are the four major patterns of comorbidity with psychopathy?
Substance Use (high)
Personality Disorders (especially cluster B) (high)
Cluster C personality disorders (low)
Most other disorders (inconsistent, unclear, or unremarkable)
33
What is the single strongest risk factor for violence?
psychopathy
34
What is the method-mode match in assessment procedures?
Refers to the goodness-of-fit between an assessment procedure and the NATURE OF CONSTRUCT it was designed to assess
35
What is the method-function match in assessment procedures?
Refers to the goodness-of-fit between an assessment procedure and the DECISION-MAKING purpose for which it will be used.
36
Which two scales from the MMPI-2 are used to assess characteristics of psychopathology?
Pd (Psychopathic Deviate)
Ma (Hypomania)
37
The MMPI-2 requires what grade reading level?
8th
38
The MMPI-2-RF requires what grade reading level?
5th
39
What scales on the MMPI-2-RF are relevant to psychopathy?
BXD (behavioral/externalizing dysfunction)
RC4-(asb) (antisocial behavior)
JCP (juvenile conduct problems)
SUB (substance abuse)
AGG (aggression)
AGGR-r (aggressiveness-revised)
40
The MCMI-IV requires what grade reading level?
8th
41
The PAI requires what grade reading level?
4th
42
What is the cutoff score in the PCL-R used to identify psychopathy?
30
43
What is the cutoff score in the PCL-YV used to identify psychopathy?
18
44
What are the three procedures for assessing psychopathy?
structured diagnostic interview
self-report questionnaires and inventories
expert rating scales (considered superior)
45
What is the purpose of the APA Guidelines for Psychological Assessment and Evaluations?
to assist and inform psychologists of best practice when psychological instruments, including psychometric tests and collateral information, are used within the practice of psychological assessment and/or evaluation.
46
What topics our outside the scope of the APA's PAE guidelines?
in-depth treatment of technology-based assessments
test security
the use of assessments for certification and licensure
47
APA's PAE guidelines are ______ in intent
aspirational - they are NOT mandatory, definitive, or exhaustive
48
What are the two types of assessment qualifications?
(a) GENERIC assessment knowledge and skills necessary for typical uses of tests
(b) SPECIFIC QUALIFICATIONS for the responsible use of tests in specific settings and for specific purposes
49
What is it called when witnesses change their report after receipt of misinformation?
misinformation effect
30-40% difference
50
Eyewitness identification is _____ evidence of guilt
direct
51
Study that looked at a large group of patients from acute civil inpatient facilities at three US sites - ages 18-40, who were White, AA, and Hispanic, and who had a chart dx of thought or affective disorder, substance abuse, or personality disorder
MacArthur Violence Risk Assessment Study
52
What four factors did the MacArthur VRA Study assess?
Dispositional - demographic factors (age, sex, social class, personality variables)
Historical - significant events, family and work history, mental hospitalizations
Contextual - indices of current social supports, social networks, and stress, physical aspects of environment (presence of weapons)
Clinical - types and symptoms of mental disorder, personality disorder, drug and alcohol abuse, level of functioning
53
What three sources of information was used to ascertain the occurrence of violent incidents in the MacArthur study?
Interviews with patients, interviews with collateral individuals, and official sources of information
54
In the MacArther study, men were more likely to?
And women were more likely to?
Men - drinking or using street drugs, and less likely to adhere to prescription medication
Women - more likely to target family members and be violent in the home (although violence by men was more likely to result in serious injury
55
Although physical abuse of a child was associated with postdischarge violence in the MacArthur study, ______ was not not.
sex abuse
56
In the MacArthur study, a major mental disorder was associated with a _______ rate of violence than when the dx was an "other" mental disorder.
Schizophrenia was ________ than dx of depression or bipolar disorder.
lower
57
The MacArthur data suggested the presence of delusions ______ predict higher rates of violence among recently discharged psychiatric patients.
did not - even when content (including violent content) was taken into consideration.
58
The MacArthur data suggested the presence of nondelusional suspiciousness _______ appear to be linked with subsequent violence.
did
59
The MacArthur results indicated that when patients reported violent thoughts during hospitalization, there was a _______ likelihood they would engage in a violent act during the first 20 weeks and during the year following discharge
greater
60
In the MacArthur study, patients with high Novaco Anger Scale scores at admission were _____ as likely as those with low anger scores to engage in violent acts after discharge.
twice
61
The MacArthur group developed an ____ _____ ____
iterative classification tree
62
Modern day forensic psychologists and other psychological experts owe it s "birth" to?
Hugo Munsterberg
63
What governs the admissibility of expert testimony in federal courts of the US, and have served as a model for many state evidence codes?
The Federal Rules of Evidence
64
What is the congressionally mandated data collection effort conducted by the US Department of HHS whose primary goal is providing estimates on the total number of children who are abused or neglected in the US?
National Incidence Study (NIS)
65
What are the four types of maltreatment?
Neglect
Physical abuse
psychological maltreatment
sexual abuse
66
"Any recent act or failure to act on the part of a parent or caretaker which results in death, serous physical or emotional harm, sexual abuse, or imminent risk of serious harm"
Maltreatment
67
Children in families of low socioeconomic status are ____ as likely to be sexually abused than their counterparts with higher SES.
twice
also at greater risk for other forms of abuse
68
In civil lawsuits, types of relief fall into three categories...?
monetary compensation (damages)
an injunction (to prevent the defendant from doing something he or she has done or plans to do)
specific performance (getting the defendant to do something he or she was supposed to do)
69
Tort law requires:
"a breach of duty that the law imposes on persons who stand in a particular relation to one another"
70
The procedure used at the pre-offer stage in the application process where psychologists and employers "have begun to employ nonclinical, pre-offer tests as the first step in screening police applicants, while reserving the use of.... other clinical evaluations for post-offer assessments."
Bifurcated assessment model
71
The Civil Rights Act of 1991 was adopted to prevent discrimination based on...?
gender, race, or creed.
72
An established principle in any forensic mental health assessment is that ______ and ______ should guide the selection of information and data sources relied upon in the evaluation.
relevance and reliability
73
Validation evidence for pre-employment tests should be consistent with?
Principles for the Validation and Use of Personnel Selection Procedures
74
Federal civil rights law and most state fair-employment statutes DO NOT include _______ as a protected category.
sexual orientation
75
How does the Americans with Disabilities Act (ADA) define disability (3 prongs but only ONE must be met)
1. A physical or mental impairment that substantially limits one or more of the major life actives of such individuals
2. record of such an impairment
3. being regarded as having such an impairment
76
What is considered the earliest foundation of the legal construct competence to stand trial?
Common Law prohibition against trials in absentia
77
Pirelli et al (2008) found that defendants with a psychotic disorder were ___ times more likely to be recommended as incompetent to stand trial than those who had not.
Unemployed defendants were _____ as likely to be recommended incompetent as employed defendants
Defendants with a history of psych hospitalizations were ____ as likely to be recommended than those who did not have histories.
8
twice
twice
78
What are the three categories of testing?
CAI - clinical assessment instrument - least useful in forensic. Facilitate diagnosis and treatment planning (IQ, depression, academic)
FAI - forensic assessment instrument - Designed for use in legal process or asses psycholegal capabilities (FIT-R, Miranda)
FRI - forensically relevant instrument - Aid in clinical constructs in the legal system (psychopathy, VRA)
79
Two primary reasons in support of allowing clinicians the option to use their judgement to revise actuarial VRA estimates?
questionable validity generalization - generalizing to those who were not part of the study (black, female, age range)
rare risk or protective factors (broken leg countervailing) - taking into consideration things not on the actuarial, such as someone saying they will offend
80
_____ of abuse appears to be a more robust predictor of negative outcomes for sexually abused children than the "severity" of abuse.
Duration
81
In a review of 45 cases conducted by Kendall--Tacket (1993), between ___ and ___ of sexually abused children were asymptomatic.
21% and 49%
82
Tulving's Monohierarchical Multimemory Systems Model consists of
Autobiographical memory - explicit memories for events related to oneself
Semantic memory - symbolically represented factual knowledge about the internal and external world (primitive and demonstrated by lower, animals, infants, and adults with brain damage)
Episodic memory - memory for personally experienced events
83
What model posits that emergence of the cognitive self, as manifested by mirror self-recognition, marks the onset of a capacity for autobiographical memory and the end of infantile amnesia?
Howe and Courage's personalization model
84
What model theorizes that autobiographical memory emerges from the interaction of social, cognitive, and communicative domains?
Nelson and Fivush's Sociocultural Model
(language is necessary for memory, and infants under 18 months lack language to coherently organize the experience in memory)
85
Which amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition?
First
86
Which protocol for interviewing children in CSA cases is considered the protocol of choice because it has been subjected to extensive research in and is derived from a solid empirical base, subjected to ongoing research, and proves to be effective in minimizing problematic questioning techniques and maximizing useful information?
NICHD
National Institute of Child Health and Human Development
87
A 1994 study by Silver et al found that fewer than ____% of jury trials in eight states surveyed involved an NGRI defense.
1
88
In cases where the NGRI defense was invoked, approximately ____% were found to be NGRI.
25%
89
Over ____% of insanity acquittals resulted from plea agreements or similar arrangements rather than jury trials.
70%
90
Which amendment protects the right to keep and bear arms?
Second
91
Which amendment protects against unreasonable searches and seizures?
Fourth
92
Which amendment provides for the right to due process and protects against self-incrimination and double jeopardy?
Fifth
93
Which amendment guarantees the right to a speedy and public trial, an impartial jury, and the right to counsel?
**allows defendants to confront witnesses
Guarantees criminal defendants the right to be represented by effective counsel to confront their accusers and to present evidence
Sixth
94
Which amendment provides for the right to trial by jury in certain civil cases?
Seventh
95
Which amendment prohibits excessive fines and cruel and unusual punishment?
Eighth
96
Which amendment limits the ability of individuals to sue states in federal court?
11th
97
Which amendment abolishes slavery and involuntary servitude, except as punishment for a crime?
13th
98
Which amendment defines citizenship contains the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause?
No state shall deprive any citizen of the US of LIFE, LIBERTY, or PROPERTY without DUE PROCESS
No state shall deny an individual EQUAL PROTECTION of the laws
14th
99
Clinicians should ideally resist the requests to offer conclusions about the legal notions such as _________ and ________ because these are legal concepts (“ultimate issue”)
Voluntariness and responsibility
100
Profession-wide competencies are evaluated by the criteria of whether they are _____, _____, and ______.
observable, measurable, and quantifiable
101
What are the most common sources of bias effecting interpretation of psychological assessment data?
distortions and subjective weighting errors based on preconceived beliefs, and/or other intervening factors (anchoring effects, attribution effects, and/or confirmation effects.
102
_____ IS NOT a unitary property of the test instrument.
Validity
103
What are the foundational components of test construction and interpretation?
descriptive statistics
104
What refers to "the degree to which evidence and theory support the interpretation of test scores for proposed use of tests?"
validity
105
Which psychometric characteristics are foundational to decision-making and form the basis of interpretation?
standardization, reliability, and validity
106
What are the essential criteria for evaluating technology enhanced measures?
reliability, validity, and fairness
107
The purpose of the ______ is to provide criteria for the development and evaluation of tests and testing practices and to provide guidelines for assessing the validity of interpretations of test scores for the intended test users.
Standards
108
The Specialty Guidelines for Forensic Psychologists was developed and published in what year?
1991
109
What modifiers are used in the forensic guidelines?
Reasonably, appropriate, potentially
110
The forensic guidelines are intended to be _____ in scope, and are intended to be consistent with state and federal law.
National
111
Compliance or noncompliance with Standards may be used as relevant evidence of legal liability in judicial and regulatory proceedings? True or False
True
112
What is the most fundamental consideration in developing tests and evaluating tests?
validity
113
In classification, diagnosis, and selection, the proportion of cases that are assessed as meeting or predicted to meet the criteria and which, in truth, do meet the criteria.
sensitivity
114
What is the difference between reliability and validity in test construct?
Reliability is consistency and stability over time.
Validity is accuracy - and the degree to which the test measures what it is supposed to measure
115
Statistically, a person's true score is an unknown parameter, or constant, and the observed score for the person is a random variable that fluctuates around the true score for the person. True or false.
True
116
An error of classification, diagnosis, or selection leading to a determination that an individual
meets the standard based on an assessment for inclusion
in a particular group, when, in truth, he or she does not meet the standard (or would not, absent measurement
error).
False positive
117
An error of classification, diagnosis, or
selection leading to a determination that an individual
does not meet the standard based on an assessment for
inclusion in a particular group, when, in truth, he or
she does meet the standard (or would, absent measurement
error).
False negative
118
What is it called when the sentence ultimately depends on the presence or absence of specified “aggravating” and “mitigating” circumstances relating to culpability?
Determinate sentencing
Focus on the offense rather than the offender
119
The primary goal of rehabilitative sentencing is to:
Reform offenders
120
What are the five goals of sentencing?
Retribution, deterrence (general and specific), incapacitation, rehabilitation
121
United States v. Booker (2005)
6th amendment
Supreme Court ruled that mandatory guidelines regimes violated sixth amendment right to a jury trial, to the extent they permitted a judge rather than a jury to determine facts, that if found, lead to a sentence enhancement above the guidelines’ maximum for the crime of conviction.
122
Which sentencing model assumes that “those whose criminal actions are equally reprehensible deserve like amount of punishment?”
Retributive/deterrent model
“Just deserts”
123
Sentencing model that is sometimes called therapeutic
Rehabilitative/incapacitative
124
Plea bargaining has historically disposed of ___% of criminal cases prior to trial
95
125
In federal court, perhaps ____% of defendants appeal their sentence
5
126
What type of rationale are repeat offender statutes and sex offender statutes based?
Incapacitative
127
Nationally, only about ___% of those committed SVPs are diagnosed with “a serious mental illness,” most are diagnosed with paraphilias, personality, and substance use disorders
12
128
The basis of Hendricks v Kansas is “_______”
dangerous beyond control or dangerous due to volitional impairment (drunk drivers, domestic abusers, persistent burglars)
129
Booker and Blakely make it clear that any facts found by the probation officer cannot dictate ??
Sentence enhancement above the statuatory maximum
130
What are the factors associated with competence to plead guilty?
1. Nature of charge pled to
2. Penalties associated with the charge
3. Rights waived by the plea of guilt (remain silent, confront accuser, trial, trial counsel)
131
Ability to understand in a general way the nature & extent of their property
Their relationship to those who may naturally claim to benefit from the property they have
Prachial effect of their wills
capacity
132
What are the five capacities for testimonial competence?
1. Ability to observe an event
2. Ability to remember it
3. Ability to communicate that memory
4. Ability to tell the difference between truth and falsity
5. Ability to understand to tell the truth in court
133
What are four categories likely to trigger testimonial capacity concerns?
Children
People with ID
People with mental illness
Those who have abused substances
134
Obscure memories of very early childhood if enough time elapses
infantile amnesia
135
4 areas witness credibility is permitted
1. Witness already experiencing significant symptoms of mental illness.
2. Complainant in rape cases.
3. Truthfulness of child witnesses in child abuse cases.
4. Accuracy of eyewitnesses - unconscious factors may affect the accuracy of a witness account.
136
Credibility of witness testimony - form of opinion or reputation
1. character of truthfulness or untruthfulness
2. evidence of truthful character only after witness for truthfulness has been attached by opinion or reputation.
Rule 608
137
Credibility of eyewitness factors:
1. Less accurate observations in stressful situations
2. Difficulty making cross-racial identifications
3. People focus on weapons rather than faces
4. Memory of perception decays immediately
5. Gaps in memory - easily later replaced by preoccupation about what has happened or suggestions
138
Accurate predictors of violence
Number of offenses
Nature of offenses
NOT mental illness
Treatment NOT effective to reduce criminal tendencies
139
Mental conditions most successful in insanity
Psychosis (60-90% NGRI)
Intellectual disability
140
Research on testimonial capacity
Children as young as 5 have the capacity to observe events, remember them accurately, for moderately long periods (as long as authority do not suggest "facts" to them)
141
Belief that a relationship between 2 variables exist despite empirical evidence that it does NOT or not to the degree
Risk error judgement biases
Illusory correlations
142
5 different approaches to assessing risk
Unstructured clinical judgment
Anamenic assessment - examinees features of history
Structured professional judgment
Actuarial assessment
Adjusted actuarial assessment
143
A person desires regarding treatment should he become terminally ill and incompetent
living will
144
Covers nonterminal situations as well as can include directions concerning property
Durable port
145
4 exceptions to informed consent
Emergencies
Right of disclosure is waived
Therapeutic privilege - withholding info that would foreclose a rational decision or hinder treatment or pose psychological damage
Patient incompetent - guardian receives info of treatment and permission
146
Five types of CIVIL competence "tests"
Expression of a preference
Understanding
Appreciation
Reasonable decision making
Reasonable outcome
147
-Appropriate Disclosure: what a "reasonable clinician" would disclose and what info would allow a patient to make a reasonable decision
-Competent patient
-Voluntary consent
Valid consent elements
148
Treatment competency instruments
MacCat - treatment decision. most extensive research. Semi-structured interview. Individualized to patients treatment context. Template.
Capacity to Consent to Treatment Instrument - CCTI. Developed for Altheimer's. Two clinical vignettes presenting hypothetical medical problems and symptoms. And 2 tx alternatives w associated risk and benefits
149
Permits an individual with mental illness to direct in advance the type of MH tx she would or would not like to have.
PAD - Psychiatric advanced directive
150
Testators 4 Attributes
Testamentary Capacity
"Of Sound Mind"
1. Making wills - know they are making
2. Nature and extent of property
3. Natural objects of their bounty (people)
4. Distribute their property (general consequence of property disposition)
151
Purpose of this law is to replace some meaningful degree (2/3's) of lost earning capacity
NOT a tort
worker's compensation
Process:
Notify circumstances of accident and extent of injury
medical/physical exam
hearsay admissible
CLAIMANT has burden
"Preponderance of evidence"
152
What are the 3 types of Mental Injury claims for workers comp?
1. Physical trauma causes mental injury
2. Mental stimulus causes physical injury
3. Mental stimulus causes mental injury (SKEPTICALLY reviewed)
153
Violation of duty - whether ACT or OMISSION. Maybe intentional, intended result of act negligent, failure to exercise reasonable care - or neither. (strict liability)
Breach of Duty
153
Compensable Damages
Emotional Distress Torts
1. Compensatory damages - equivalent to pre-tort statute
2. Nominal damages - Committed a tort but minimal harm to claimant
3. Punitive damages - Punish the tortfeasor
154
American Disabilities Act (ADA) exclusions
1. Homosexuality, bisexuality, sexual orientation
2. Criminal pathology such as kleptomania, pyromania
3. Personality traits
4. Alcohol IS covered, but not on the job drinking and illegal drug use
155
Two terms for response styles that should be avoided
Secondary gain - confuse with feigning
Suboptimal performance - also called incomplete effort. Multiple reasons for this occurence.
156
In tort cases, it refers to the party that has the responsibility to prove what is being alleged. USUALLY is the plaintiff in tort actions.
Burden of Production
157
What are the variables that affect identification accuracy?
-witness characteristics (age, sex)
-event of characteristics (durations, weapon present)
-post-event variables (suggestions from other witnesses, exposure to a sketch)
-characteristics of investigation task (lineup, instructions to witness)
-post-identification events (feedback regarding identification)
158
What are the four primary methods of discovery?
1. Interrogation
2. Request for admission
3. Request for production
4. Depositions
159
Restricts use of expert testimony in criminal cases regarding defendant's mental state at the time of the offense
FRE 704b
160
What are the two limitations to vicarious liability/ respondent superior
1. Frolic and detour
2. Employee committed an intentional tort
161
Vicarious Liability / Respondent Superior - Tort LIMITATION.
Conduct was NOT in furtherance of employment relationship
Deviation in time or area is substantial
Frolic & Detour
162
Every person is competent to be a witness... unless his/her testimony is irrelevant or likely to mislead the fact finder, or the person is unwilling/unable to promise to testify truthfully.
FRE 601
163
AKA unconsciousness/no conscious control
involuntary
commits offense while sleeping, dissociated, epilepsy, head injury
Automatism - prosecutor must prove actus reus
164
What is the difference between specific and general intent?
Specific - premeditated, aggravated, with intent
General- conscious of his/her actions & knew or should've known consequences (manslaughter, battery)
165
Degree of mental impairment short of that necessary to meet the insanity test - does NOT negate mens rea
Diminished responsibility
166
Doctrine that permits clinical testimony to mens rea
Solely on mens rea
ex: Clark v. Arizona
Diminished capacity
167
Whole memories planted into memory that are false and never happened
Rich false memories
168
Period of time between the event and the person's recollection
In identfication/eyewitness
Retention interval
169
Eyewitnesses tend to identify the person from the lineup who most closely resembles the eye witnesses memory at the perpetration RELATIVE to the other members of the lineup
relative judgment conceptualization
170
Categories of malingering
Pure malingering - feigns a disorder that doesn't exist at all
Partial malingering - has actual symptoms but consciously exaggerates them (at best, feigning)
False imputation - attributions of actual symptoms to an incident - consciously recognized by the individual w no relationship
171
Prodromal phase of genuine psychosis in which the individual feigns to ward off decompensation into genuine psychosis
Pseudo malingerer
172
“Giving an approximate answer “ or “talking around”, essential feature of Ganser syndrome
vorbeiden
173
Malingering detection tactic - interspersing questions for malingering detection within history taking or even in an internal conversation
Set shifting
174
What are the two appellate courts in the federal system?
Circuit Court of Appeals
US supreme court
175
Legal request to a higher court to review a lower courts decision
writ of certiorari
176
What are the four types of judicial proceedings?
criminal
civil
administrative
quasi-criminal
177
Competence to make choices in the criminal process - including choices to plead guilty, waive right to jury trial, raise defenses - protects autonomy
Decisional competence
178
Instruments for assessing understanding and appreciation of Miranda rights (4 measures)
1. Comprehension of miranda rights (MR)
2. CMR - recognition
3. CMR - vocabulary
4. Function of rights in interrogation (FRI)
179
Juvenile defendants competency stats
11-13 - 3x as likely as young adults (18-24) to be "genuinely impaired per MacCat-CA.
14 - 15 - 2x as likely
15 and younger - likely to recognize risks with choices they might face long-term
Juveniles w/ IQ 85< noted
16 to 17 vs young adults - NO SIGNIFICANT DIFFERENCE
180
Sexual harassment issue - addition of women can threaten the previously male macho identity of the work group, creating significant hostility. Expectation women are "so tough" that they will not be affected by the harassment.
group threat
181
Rare risk or protective factors not taken into account of an actuarial instrument because they are rare
Broken leg countervailings
182
Moderating variables of child sexual abuse
Personal factors (age, gender, etc)
Familial factors (parental hx of csa, family discord, parent reaction)
Abuse specific factors (severity, duration, victim/perpetration relationship)
183
Rebuttal testimony when defense claims child's behaviors are unrepresentative of sexual abuse
Explain factors such as delayed disclosure, a child's recantation, behaviors by child that might lead a jury to doubt evidence by prosecutor
Testimony CANNOT be introduced by prosecutors to suggest a child who displays symptoms is a victim of CSA
Child Sexual Abuse Accommodation Syndrome (CSAAS)
184
Errors that arise when children are exposed to information that is false or to social pressures that encourage particular types of answers.
Suggestibility (memory)
185
What is the most reliable prediction of children's memory accuracy and suggestibility?
Age
186
5 factors that affect children's capacity as witnesses.
1. Uncommunicative with unfamiliar adults
2. Unfamiliarity with being treated as sources of information
3. Poorer linguistic skills
4. Poorer memory
5. Tendency to forget info more quickly
187
2 types of child witnesses
capacity v. CSA
1. Basic competency - ability to perceive, remember, and communicate
2. Truth/lie competency - understanding the difference between truth and lie. The importance of telling the truth
4 yo can tell truth from lies
7 yo can DEFINE the truth
188
Juveniles - open ended questions to more direct approach with caution - then back to open ended probes
CSA Funnel Approach Interview
189
Suggestibility measure - Miranda rights. Defendants read a narrative paragraph of a crime and asked to recall as much detail as they can. Immediately and five minutes after. Asked questions subtly misleading. Told they made errors even when they were correct. Charges are recorded and the extent the defendant gives into the misleading questions.
Gudjonsson Suggestibility Scale
190
Models of malingering
1. Pathogenic Model - research is lacking, ineffective attempt to control symptoms and clinical presentation.
2. Criminogenic model - characterological, antisocial, with legal difficulties.
3. Adaptational model - situational response based on appraisal of alternatives. Perceive circumstances as adversarial and malingering a viable option.
191
Self-defense, duress, entrapment. Prosecution can prove actus reus at mens rea, BUT mitigation factors should lead to acquittal or reduction of charges
affirmative defense (only available in homicide cases)
192
The physical or external elements of a crime-conduct, act, omission, or state of affairs that the law criminalizes
actus reus
193
5 critical criteria for detection strategies
1. Standardized method
2. Conceptual basis test underlying rationale
3. Empirical validation - methodology proven Cohen's D
4. Systematic differentiation on accuracy
5. Specific response style (malingering vs. defensiveness)
194
Effect sizes for malingering
Moderate .75
Large 1.25
Very large 1.50
195
Loss of memory of a past period that is related to forensic assessment.
Genuine loss of memory.
Differs from dementia or other brain diseases.
Only memory issues around time
Focal amnesia
196
5 response styles
Honest/candid
Exaggerated/fabricated
Denying/minimizing
Irrelevant
Hybrid - most common
197
3 different situations of false confessions
"voluntary" false confession
coerced compliant - confessing bc the person believes it's the only way to escape the interrogation
coerced/internalized - innocent person temporarily internalizes guilt by officers
198
Likelihood that an individual meeting a particular cutoff score will be correctly identified.
Positive prediction power
199
Proportion of individuals with specific response style (SRS) correctly identified by the cutoff score.
sensitivity rates
200
Evaluators qualifications basic facts of the matter and proposed process of the evaluation (testing, interview, collateral contacts, general nature of examination).
Specify number of sessions, testing, & hours needed
Good cause declaration
201
State counterparts
ordered by a court to compel examination of the plaintiff by a defense-retained examiner
All info is relevant - medical, prior evals, therapy notes
Civil cases
FRCP 35 (rule 35)
202
Emotional distress tort
Does NOT require a form of physical injury bc its so severe there's no need to prove physical damage
Intentional Infliction of Emotional Distress
203
Four elements to intentional infliction of emotional distress
1. Extreme and outrageous conduct
2. Intent or recklessness
3. Causation
4. Damage-severe emotional distress
204
Lead attorney to select juror similar to their client
empathy for client
Similarity leniency hypothesis
205
Attorney may reject jurors similar to client
Juror wants to punish in group member who reflect poorly on their group
Black sheep hypothesis
206
A judge's discretion without request from either side to remove a potential juror
Sua Sponte
207
Comprehensive assessment method for cases of alleged child neglect/abuse
Barnum 4-Model
1. What happened
2. What did it cause
3. What help can the parent provide
4. what hope is there for the future? (tx interventions, parent hx attoy, realistic access to tx, current recognition
208
Sources at disability benefits
1. Private disability insurance
2. Employee paid disability insurance
3. Worker's comp
4. SSDI
209
2 primary causes of action involving private insurance
Breach of Contract - can enforce ONLY the terms of original contract
Bad action - not limited to benefits but may involve pain and suffering OR punitive damages to punish insurer for wrongdoing
210
4 components of a disability as a legal componant
1. functional - what an individual can do - specific v. general
2. casual - related to presence of mental disorder
3. Interactive - functional ability vs demands at job - supply/demand
4. Judgement - ultimate issue
211
Testing for Disability Evaluations
MMPI
PAI
BDI
SCL-90
RBANS
SIRS
M-FAST
TOMM
WMT
VIP
Computerized assessment and response bias
Trauma symptom inventory (TSI)
MCMI - use caution
212
Two categories of high risk occupations
PPS - preemployment screening
FFDE -fitness for duty
213
Employer knows an employee's medical condition, has observed performance problems and reasonably can attribute the problems to the medical condition.
business necessity standard
214
Demographics / Predictors of a verdict
Men are more influential in deliberations, speak more
Jurors rendered more guilty verdicts and longer sentences when defendant was not the same racial group
When victim and defendant not the same race
Women more likely to find dependents in hostile work environment
More punitive toward defendants of different gender
Republican men - pro death penalty
Less education more likely to convict
215
Miranda Juvenile Research
12 and younger inadequate
Age better predictor of understanding when combined with IQ
Plateau at 14 years
Above 13 years - individual differences cease
216
Miranda research
IQ consistent with comprehension ability, particularly verbal
IQ ability to appreciate consequences of waiving rights - remain silent
IQ<75 - lack Miranda comprehension
Academic achievement strong predictor - <4th grade reading level or below
217
Juvenile information
Juveniles in system are 2 to 3 times more likely to have MH then general population
Girls exhibit higher rates of MH
Minorities make up 1/3 of teenagers but 2/3 is in JDC or CC.
Majority of adolescent males engage in behavior for a misdemeanor or felony if arrested
Majority who commit serious offenses do NOT continue into adulthood
218
Juvenile testing
MMPI-A
MACI
Adenbach System of Empirically Based Assessment
Personality Inventory for Children
SAVRY
Youth level of service/CM inventory
Jesners Inventory Revised
MAYSI-2
Early Assessment Risk Lists
Glubcl Appraisal of Individual
Family Environment Scale
Family Adaptibility
219
4 questions dispositional evaluation in delinquency cases
1. Characteristics of youth
2. What needs to change
3. Modes of intervention could be applied
4. Likelihood of change
220
5 areas of concern for forensic practice and writing
1. Competency evals failed to address referral question or confused legal standard
2. Focus on dx rather than ability to understand/participate in legal process
3. Over reliance on clinical data to assess functional abilities to psycholegal question
4. Failed to collect 3rd party info
5. Conclusory opinions without explanation for reasoning
221
Allocate custodial responsibility approximate to the time each parent spent with child before separation
approximation rule
222
Inability for people to engage in accurate self-assessment
People who score low on performance tests overestimate their own performance of others, whereas high scorers slightly underestimate their own performance.
DunningKruger
223
3 categories of civil lawsuit
1. Monetary compensation (damages) for harm suffered, usually emotional
2. An injunction to prevent the defendant from doing something she has done or plans to do
3. Specific performance - getting the defendant to do something s/he was supposed to do
224
4 types of privacy torts
1. appropriation - unauthorized use of picture or name for commercial advantage (think celebrity)
2. intrusion - highly offensive intrusion into the seclusion or private life
3. false light - misattributes views not held or actions not taken
4. public disclosure of private facts - public info of a person's private life when there is no legitimate public purpose
225
Categories of torts
Intentional
Defamation
Privacy torts
Strict liability
Negligance
Vicarious liability / respondent superior
226
Liability without any fault on the defendant's part
strict liablity
227
Standards of care - negligence torts
Reasonable person
Professional standard of care
Child standard of care
Common corries and innkeepers
Emergency standard of care
228
Imposed on 3rd party - respondent superior similar when employers and supervisors are vicariously liable for negligent acts by employers / supervisors
vicarious liability
229
2 main emotional distress torts
1. Intentional infliction of emotional distress - ONLY tort that does not require a form of physical injury
2. Negligent infliction of emotional distress (NIED) - same as other - negligence cases (duty, breach, cause, damage)
Zone of danger - generally required
230
7 Principles for choosing FAI's (forensic assessment instruments)
1. Commercially available
2. Reliability coefficient greater than .80
3. Relevant to legal issue or underlying psychological construct
4. Standard administration
5. Apply to populations
6. Objective tests and actuarial data preferred
7. Response style
231
Assessment of testamentary capacity that involves an exploration of such issues as "conception of a will, what it is intended to do, and why they are preparing theirs at this time
Testator knowledge that the will is being made
232
Assessment of testamentary capacity that involves "questions designed to elicit information about his or her property holdings," including "questions regarding occupation, salary, living accommodations, personal possessions," and the like
Testator knowledge of nature and extent of property
233
Assessment of testamentary capacity that involves an inquiry into the testator's ability to identify "family, friends, and those whom might have played a major role" in his or her life
Testator knowledge of natural objects of bounty
234
Assessment of testamentary capacity that involves an analysis of the testator's understanding of "the general consequences of the property disposition made," with particular attention to the potential effects of "delusions, personal pique, or simply mistake"
Testator knowledge of the manner in which property is disposed
235
The notion of "temporary" incapacity is critical in such evaluations insofar as the law allows that the testator may have executed the advance directive in question during a _____ ______ in which symptoms were effectively held at bay
lucid interval
236
Engaging in manipulation or deception to significantly impair the ability of testators to freely decide on the distribution of their propery
undue influence
237
Long been described as the authority to act as the "general guardian" children and people with mental disabilities, and generally focuses on the need of the individual, not of society.
parens patriae
238
Three reasons why outpatient is deemed better than inpatient
1. Less expensive
2. Help with those who did not meet involuntary hospitalizations
3. Least restrictive
239
Authorizes states to act as protector of the community through enactment of laws for the protection of public health, safety, welfare, and morals.
police power
240
The deliberate fabrication or gross exaggeration of psychological or physical symptoms for the fulfillment of an external gain
malingering
241
The deliberate fabrication or gross exaggeration of psychological or physical symptoms without any assumption about its goals.
feigning (tests are feigning measures, NOT malingering measures)
242
In nonforensic settings, this term is used to describe the perpetuation and possible augmentation of symptoms based on unintentional response to internal or external forces
secondary gain
243
Also called incomplete effort, this indicates that best performance was not achieved
suboptimal performance
244
Malingering is not rare, but it's also not common, and likely occurs in ____to ____ of forensic cases.
15-17%
245
Why do you never rely on single measures?
Because sometimes genuine responders fail an embedded effort measure
246
What percentage of genuine responders failed at least one embedded effort measure in a neuropsychological battery of tests (Victor et al 2009)
41%
247
In cognitive malingering, detection strategies can be grouped into two domains, which are?
excessive impairment
unlikely presentation
248
Excessive impairment are failures on very easy items, called?
floor effect
249
Failures substantially below chance on measures employing forced-choice formats are called
symptom validity testing (SVT)
250
What are three common detection strategies in cognitive malingering?
symptom validity testing (SVT), floor effect, forced choice testing (FCT)
251
A strategy that is based on the notion that malingerers have difficulty distinguishing which cognitive abilities are unlikely to be compromised in patients with genuine neuropsychological impairment.
Floor effect strategy
252
Typically utilizes a two-choice format, this examines an improbable failure rate based on statistical probability.
symptom validity testing (SVT)
253
Measure that is severely limited by lack of cross validation, and is simply lower-than-expected performance based on normative data. Without extensive samples of cognitively impaired individuals, the false-positive rates cannot be established.
Forced choice testing (FCT)
254
Evaluates cognitive feigning based on unlikely errors that are uncommon among examinees with genuine cognitive disorders.
Magnitude of error (MOE)
255
As a general rule, _____ should represent both the excessive impairment (floor effect and SVT) and the unlikely presentation (MOE and performance curve) categories.
detection strategies
256
The Malingered Neurocognitive Dysfunction model (MND) criteria uses which categories of feigned cognitive impairment?
definite, probable, possible
257
What test is best conceptualized as a measure of effort rather than feigning?
Employs a two-choice format for the assessment of suboptimal effort on two subtests addressing verbal and nonverbal abilities.
Validity Indicator Profile (VIP)
258
What measures are used to assess for cognitive malingering?
TOMM
VIP
FBS/SVS & RBS (MMPI-2 scale)
259
Mistaken eye witnesses account for more convictions of eyewitnesses than all other causes combined, true or false)
True (proven with DNA)
260
What conceptualization indicates that eyewitnesses tend to identify the person from a lineup who most closely resembles the eyewitnesses memory of the perpetrator relative to the other members of the lineup?
relative judgment conceptualization
261
Findings from several studies suggest that demographic characteristics in jury selection are _____ related to verdict and that the utility of these variables may be case specific.
weakly
262
For malingerers, what effect size do you want?
very large (1.5)
263
Of the cases where the insanity defense was invoked, ___% ended with a finding of NGRI.
25%
264
Long-term memory comes in two broad terms…?
Implicit (procedural) - ability to undertake activities and perform tasks that in common parlance “we know” to do (reading, driving)
Explicit (declarative) - we “know about” specific facts or ‘know that” we have experienced specific things (remembering names, one’s past)
265
What are the two subtypes of explicit (declarative) memory?
Semantic - capacity to state things that we have learned (state capitals, #of months in a year) or recognize faces of famous people.
Autobiographical (episodic) - contains details of incidents associated with particular times and locations (prom, wedding).
266
What are four strategies for investigating response style?
1. Clinical interview
2. Structured interview
3. Judicious interpretation of traditional psych tests (scales)
4. Independent, reliable, third-party observations
267
Clinicians should be cautious about their use of psych tests to assess what?
Response style
268
Immigration proceedings are _____ in nature.
Administrative
269
Issues in immigration that may require forensic assessment
Hardship
Risk for Torture
Asylum
Domestic Violence
270
Immigration proceedings may move forward even if the respondent lacks the competence to participate meaningfully in them, t or f?
True
271
Burden of Persuasion - Standard for CIVIL cases, operates in personal injury. Typically means "greater than 50%."
Preponderance of Evidence
272
Burden of Persuasion - Intermediate standard used for employment, mental health, family law
Clear and Convincing Evidence
273
Burden of Persuasion - Used for criminal cases
Beyond a Reasonable Doubt
274
Damages - win but no real harm is done so no real compensation is paid
Nominal
275
Damages - get paid for loss
Compensatory damages
276
Damages - Compensatory that occurred - measurable amount of money
Special
277
Damages - for intangible loss/ do not need proved
General
278
Damages - future damages
Future
279
Damages - related to close relationships
Loss of Consortium
280
Damages - punitive
Punishment
281
Legal issue that says employer must have reasonably and appropriately assessed the need for FFDE.
Threshold analysis
282
Pleading guilty does not involve waiving your right to?
allocution
283
In alternative, forced-choiced tests (SVT), "below chance" responding refers to?
any score lower than that expected for 95% of random responding
284
In a juvenile study, how many 11- to 13-year olds with below average IQ’s were classified as “significantly impaired?
more than half
285
In a juvenile study, how many 14 and 15 year olds with below average IQ were classified as “significantly impaired”
More than 40%
286
What were the only significant predictors of the MACCat-CA in juvenile performance?
Age and intelligence
ABPP Forensic Psychology
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