Forensic neuropsychological assessment.

With its firm establishment as a neuropsychology subspecialty, forensic neuropsychological assessment is integral to many criminal and civil forensic evaluations. In addition to evaluating cognitive deficits, forensic neuropsychologists can provide reliable information regarding symptom magnification, malingering, and other neurocognitive and psychological issues that may impact the outcome of a particular legal case. This article is an overview and introduction to neuropsychological assessment in the forensic mental health context. Major issues impacting the current practice of forensic neuropsychology are summarized, and several examples from case law are highlighted.

Evaluation of neuropsychological characteristics and attention bias in juvenile offenders, juvenile victims, and juveniles who have not participated in the criminal justice system.

Introduction: The increasing inclusion of children in the criminal justice system as "juvenile offenders" and "juvenile victims" has recently emerged as a severe and multifaceted problem. This study evaluates whether juvenile offenders differ from juveniles who have not participated in the criminal justice system and juvenile victims regarding executive function skills and attentional bias. Method: The participant group comprised 85 children aged 12-18, and the study setting was Turkey, utilizing one control group and two treatment groups with open criminal case files in Antalya Courthouse. The first treatment group consisted of 30 juvenile offenders; the second consisted of 30 juvenile victims. The control group consisted of 25 juveniles who were not juvenile offenders or victims. In this context, children's executive functions were measured with the short-form Barratt Impulsivity Scale, the Raven Standard Progressive Matrices Test, the TBAG-form Stroop test, the Wisconsin Card Sorting Test, and the Istanbul 5 Cube Planning Test. Attentional bias was measured using a dot-probe task. Illiteracy, intellectual or developmental disability, and being a non-native Turkish speaker were the exclusion criteria for all three groups. Results: The study found that the scores of the juvenile offender group on the Barratt Impulsivity Scale were significantly higher than the children in the juvenile victim group and the children in the control group. For other tests measuring executive functions, the control group's scores were significantly higher than juvenile offenders and juvenile victims. Regarding attentional bias, the children in the control group exhibited less attentional bias to negative stimuli than the juvenile offenders and victims. Discussion: Researchers have generally addressed the reasons that push children to crime and become victims of crime through individual, familial, and environmental reasons. However, the number of studies investigating the neuropsychological characteristics of children dragged into crime is relatively limited in our country. In addition, there is no study comparing the executive functions and attentional bias of children who are dragged into crime, victimized children, and children without a history of being dragged into crime and victimization. In this context, this study can highlight important implications for the judicial system regarding juvenile delinquency interventions.

Prison and the brain.

Imprisonment is a common punishment in most countries. Goals of imprisonment are often not only retribution, but also prevention. Specific prevention aims to reduce the risk of reoffending of the imprisoned offender. The question is whether the goals of retribution and specific prevention contradict each other. Retribution is not only expressed in taking away ones freedom, but also in the prison environment itself. Prisoners live in a sober regime, with a minimal amount of autonomy. There are few cognitive challenges, meaningful social interaction is reduced significantly, and many prisoners are highly sedentary. In other words, prison can be viewed as an impoverished environment. In the last few decades, much knowledge has been gained on the influence of enriched versus impoverished environment on the brain. In this chapter, we discuss the influence of the impoverished prison environment on brain functions of prisoners, with an emphasis on self-regulation and executive functions, since these functions are (1) often impaired in offenders, (2) highly sensitive to environmental influences, and (3) crucial for successful resocialization. We conclude this chapter by discussing possibilities for and potential effects of enriching prison environments.

Forensic neuropsychology: History and current status.

Objective:This review provides a summary of historical details and current practice activities related to Forensic Neuropsychology (FN). Under the auspices of the American Board of Clinical Neuropsychology (ABCN), the Forensic Neuropsychology Special Interest Group (FNSIG) views the FN as a subspecialty, which has developed over time as the straightforward result of more than 20 years of numerous publications, extensive continuing education, focused research and growth of forensic practice within neuropsychology. In this article, the FNSIG core work group documents and integrates information that is the basis of efforts to consolidate practice knowledge and facilitate attainment of forensic practice competencies by clinical neuropsychologists. Method:Overview of continuing education topics at professional conferences, search results that identify relevant books and peer-reviewed publications, as well as pertinent findings across years of large-scale national survey results. Results:Relevant evidence has shown for decades that FN is prominent within Clinical Neuropsychology as practiced in the United States and Canada. A majority of U.S. neuropsychologists have received FN training and provide forensic evaluation services. FN practice time per week is considerable for many practitioners, and across survey epochs has been shown to be increasing. Conclusion:The present review leads to the conclusion that in the interest of promoting the acquisition of competence, FN practice should remain a focal point of training and continuing education. Alternate routes to attain competence are discussed, as are ongoing professional activities that undoubtedly will ensure continued growth of, and interest in, the subspecialty of FN.

The use of performance validity tests among inpatient forensic monolingual Spanish-speakers.

Performance validity tests (PVTs) are an integral part of neuropsychological assessments. Yet no studies have examined how Spanish-speaking forensic inpatients perform on PVTs, making it difficult to interpret these tests in this population. The present study examined archival data collected from monolingual Spanish-speaking forensic inpatients (n = 55; Mage = 49.6 years, SD = 12.0; 84.9% male; 93.5% diagnosed with a Psychotic Spectrum Disorder) to determine how this population performs on several PVTs. Most participants' scores on the Dot Counting Test (DCT; 82.2%; n = 45), Repeatable Battery for Assessment of Neuropsychological Status-Effort Index (RBANS EI; 84.4%; n = 33), and Test of Memory Malingering (TOMM; 79.1%; n = 43) were indicative of valid performance. Few participants, however, had Rey-15 Item Test (FIT) scores in the valid range (24.5% to 48.0%; Recall n = 50 and Combined n = 49, respectively); although FIT Recall specificity was improved when cutoff scores were lowered. Total years of education, but not other educational factors, were significantly associated with performance on PVTs (r = .33-.40, p = .01-.03). Study results suggest the DCT, TOMM, and RBANS EI may be more appropriate PVTs for Spanish-speaking forensic inpatients compared to the FIT.

Profile of Embedded Validity Indicators in Criminal Defendants with Verified Valid Neuropsychological Test Performance.

OBJECTIVE: Few studies have examined the use of embedded validity indicators (EVIs) in criminal-forensic practice settings, where judgements regarding performance validity can carry severe consequences for the individual and society. This study sought to examine how various EVIs perform in criminal defendant populations, and determine relationships between EVI scores and intrapersonal variables thought to influence performance validity. METHOD: Performance on 16 empirically established EVI cutoffs were examined in a sample of 164 criminal defendants with valid performance who were referred for forensic neuropsychological evaluation. Subsequent analyses examined the relationship between EVI scores and intrapersonal variables in 83 of these defendants. RESULTS: Half of the EVIs (within the Wechsler Adult Intelligence Scale Digit Span Total, Conners' Continuous Performance Test Commissions, Wechsler Memory Scale Logical Memory I and II, Controlled Oral Word Association Test, Trail Making Test Part B, and Stroop Word and Color) performed as intended in this sample. The EVIs that did not perform as intended were significantly influenced by relevant intrapersonal variables, including below-average intellectual functioning and history of moderate-severe traumatic brain injury and neurodevelopmental disorder. CONCLUSIONS: This study identifies multiple EVIs appropriate for use in criminal-forensic settings. However, based on these findings, practitioners may wish to be selective in choosing and interpreting EVIs for forensic evaluations of criminal court defendants.

Decision rules for an abbreviated administration of the Test of Memory Malingering.

The present study investigated abbreviation methods for the Test of Memory Malingering (TOMM) in relation to traditional manual-based test cutoffs and independently derived more stringent cutoffs suggested by recent research (≤48 on Trial 2 or 3). Consecutively referred outpatient U.S. military veterans (n = 260) were seen for neuropsychological evaluation for mild traumatic brain injury or possible attention-deficit/hyperactivity disorder. Performance on TOMM Trial 1 was evaluated, including the total score and errors on the first 10 items (TOMMe10), to determine correspondence and redundancy with Trials 2 and 3. Using the traditional cutoff, valid performance on Trials 2 and 3 was predicted by zero errors on TOMMe10 and by Trial 1 scores greater than 41. Invalid performance was predicted by commission of more than three errors on TOMMe10 and by Trial 1 scores less than 34. For revised TOMM cutoffs, a Trial 1 score above 46 was predictive of a valid score, and a TOMMe10 score of three or more errors or a Trial 1 score below 36 was associated with invalid TOMM performance. Conditional abbreviation of the TOMM is feasible in a vast majority of cases without sacrificing information regarding performance validity. Decision trees are provided to facilitate administration of the three trials.

Fundamentos teórico-técnicos para la comprensión y detección de la simulación de déficits neurocognitivos / Theoretical-technical foundations for the understanding and detection of the simulation of neurocognitive deficits

La neuropsicología está desarrollándose y migrando a otras áreas tales como la judicial, en donde el neuropsicólogo forense ayuda al juez a tomar decisiones ecuánimes e imparciales, sin embargo, nace como problemática el fenómeno de la simulación de déficits neurocognitivos con el propósito de obtener ganancias secundarias. Este artículo tiene como objetivo abordar dicho fenómeno mediante una sistematización bibliográfica, estableciendo un marco teórico-comprensivo del fenómeno, así como también identificando las principales herramientas para su detección. Se esquematizan apartados que forman un hilo conductor que arrojan como resultado que la detección de la simulación de déficits neurocognitivos es una tarea compleja, multidimensional y que debería tener un enfoque holístico, por lo tanto, es necesario seguir investigando al respecto para perfeccionar sus métodos de identificación.

Neuropsychology is developing and migrating to other areas such as the judicial, where the forensic neuropsychologist helps the judge to make fair and impartial decisions, however, the phenomenon of the simulation of neurocognitive deficits with the purpose of obtaining secondary gains is born as a problem. This article aims to address this phenomenon through a bibliographic systematization, establishing a theoretical-comprehensive framework of the phenomenon, as well as identifying the main tools for its detection. Thus, sections are outlined that form a common thread that show as a result that the detection of the simulation of neurocognitive deficits is a complex, multidimensional task and that it should have a holistic approach, therefore, it is necessary to continue researching in this regard. to perfect its results identification methods.

Cultural accommodations for cutoff scores of embedded performance validity tests in a Spanish college population.

OBJECTIVE: The objective of this study was to identify specific cutoff scores for three commonly used embedded performance validity tests (PVTs) for a Spanish speaking population. Culturally adapted cutoff scores for embedded PVTs were established using an analog study design. In addition, the psychometric properties of these measures when applying culturally adapted scores as compared to non-adapted scores were analyzed. METHOD: Participants (N = 114) were administered three embedded PVTs (Reliable Digit Span, Phonetic Fluency Test, and Animal Semantic Fluency Test) in a randomized order. Following an analog design, control participants were instructed to perform to the best of their abilities and the analog group was instructed to simulate cognitive impairment. RESULTS: In keeping with guidelines for specificity and sensitivity, the most culturally appropriate scores of ≤6, ≤27, and ≤16 were determined for the Reliable Digit Span, Phonetic Fluency Test, and the Semantic Fluency Test, respectively. CONCLUSIONS: This the first study addressing culturally sensitive cutoffs for commonly used embedded validity measures using a European Spanish population. While these findings cannot be generalized to forensic or clinical populations at the present time, they support the claim that specific cutoff scores that are sensitive to cultural variables are necessary in addressing embedded validity measures of the Reliable Digit Span, Phonetic Fluency Test, and Semantic Fluency Test.

Update on Third Party Observers in Neuropsychological Evaluation: An Interorganizational Position Paper.

OBJECTIVE: The National Academy of Neuropsychology (NAN), the American Academy of Clinical Neuropsychology (AACN), and the American College of Professional Neuropsychology (ACPN) collaborated to publish an update to their original position statements, confirming the organizations' opposition to third party observer (TPO). METHOD: A review of literature addressing TPO effects, ethical standards, professional organization position statements, test publisher policies and new telemedicine developments was completed to obtain consensus on relevant issues in TPO and recording of neuropsychological evaluations. RESULTS: TPO has been shown to impact the cognitive functions most often assessed in forensic or medicolegal settings. Third party observation, whether in person, recorded or electronic, remains a potential threat to the validity and reliability of evaluation results, and violates test security guidelines, ethical principles and standards of conduct in the field. Demands for TPO in the context of medicolegal or forensic settings have become a tactic designed to limit the ability of the consulting neuropsychologist to perform assessment and provide information to the trier of fact. CONCLUSION: The field of neuropsychology opposes the presence of TPO in the setting of medicolegal or forensic neuropsychological evaluations.

Update on Third Party Observers in Neuropsychological Evaluation: An Interorganizational Position Paper.

OBJECTIVE: The National Academy of Neuropsychology (NAN), the American Academy of Clinical Neuropsychology (AACN), and the American College of Professional Neuropsychology (ACPN) collaborated to publish an update to their original position statements, confirming the organizations' opposition to third party observers (TPO). METHOD: A review of literature addressing TPO effects, ethical standards, professional organization position statements, test publisher policies and new telemedicine developments was completed to obtain consensus on relevant issues in TPO and recording of neuropsychological evaluations. RESULTS: TPO has been shown to impact the cognitive functions most often assessed in forensic or medicolegal settings. Third party observation, whether in person, recorded or electronically, remains a potential threat to the validity and reliability of evaluation results, and violates test security guidelines, ethical principles and standards of conduct in the field. Demands for TPO in the context of medicolegal or forensic settings have become a tactic designed to limit the ability of the consulting neuropsychologist to perform assessment and provide information to the trier of fact. CONCLUSIONS: The field of neuropsychology opposes the presence of TPO in the setting of medicolegal or forensic neuropsychological evaluations.

A pilot study on the adequacy of the TOMM in detecting invalid performance in patients with substance use disorders.

Objective: The validity of neuropsychological test performance has scarcely been studied in patients with substance use disorders (SUD), despite the possibility that some SUD individuals may distort their performance for compensation seeking (e.g., work leave, permanent or total disability, or the designation of services such as sheltered housing). Thus, the aim of the present study is to determine: (i) the possible utility of the Test of Memory Malingering (TOMM) in detecting invalid test results among SUD patients, and (ii) the percentage of individuals that underperform the TOMM among SUD patients seeking compensation.Method: Seventy-seven patients (59 men and 18 women) with SUD in outpatient treatment with an age range between 20 and 59 years were divided into two groups: SUD patients without compensation seeking (n = 41), and SUD patients with compensation seeking (n = 36). Participants performed a neuropsychological assessment with measures of processing speed, working memory, inhibition, verbal memory, cognitive flexibility, and decision-making, that also included the TOMM.Results: Our results demonstrate that there were no significant differences on TOMM performance between the two groups. Only one participant underperformed the TOMM (1.3% of the sample). Results showed cognitive impairment in the sample, but no differences between the groups on the different neuropsychological measures.Conclusions: This constitutes the first study to explore the capacity of a forced-choice test to detect invalid test results in an SUD population. There was a high performance on the TOMM among the SUD participants of our study despite their cognitive impairment, indicating adequate effort in their neuropsychological test performance. Further, these findings suggest that the probability of showing invalid neuropsychological performance among SUD compensation seeking patients is much lower than what has been found in other populations, such as in mild brain injury patients.

Development and Initial Validation of the Perceptual Assessment of Memory (PASSOM): A Simulator Study.

OBJECTIVE: Performance validity tests (PVTs) are an integral component of neuropsychological assessment. There is a need for the development of more PVTs, especially those employing covert determinations. The aim of the present study was to provide initial validation of a new computerized PVT, the Perceptual Assessment of Memory (PASSOM). METHOD: Participants were 58 undergraduate students randomly assigned to a simulator (SIM) or control (CON) group. All participants were provided written instructions for their role prior to testing and were administered the PASSOM as part of a brief battery of neurocognitive tests. Indices of interest included response accuracy for Trials 1 and 2, and total errors across Trials, as well as response time (RT) for Trials 1 and 2, and total RT for both Trials. RESULTS: The SIM group produced significantly more errors than the CON group for Trials 1 and 2, and committed more total errors across trials. Significantly longer response latencies were found for the SIM group compared to the CON group for all RT indices examined. Linear regression modeling indicated excellent group classification for all indices studied, with areas under the curve ranging from 0.92 to 0.95. Sensitivity and specificity rates were good for several cut scores across all of the accuracy and RT indices, and sensitivity improved greatly by combining RT cut scores with the more traditional accuracy cut scores. CONCLUSION: Findings demonstrate the ability of the PASSOM to distinguish individuals instructed to feign cognitive impairment from those told to perform to the best of their ability.

Eye tracking as a mean to detect feigned cognitive impairment in the word memory test.

Eye movements showed initial promise for the detection of deception and may be harder to consciously manipulate than conventional accuracy measures. Therefore, we integrated an eye-tracker with the Word Memory Test (WMT) and tested its usefulness for the detection of feigned cognitive impairment. As part of the study, simulators (n = 44) and honest controls (n = 41) performed WMT's immediate-recognition (IR) subtest while their eye movements were recorded. In comparison to the control group, simulators spent less time gazing at relevant stimuli, spent more time gazing at irrelevant stimuli, and had a lower saccade rate. Group classification using a scale that combined the eye movement measures and the WMT's accuracy measure showed tentative promise (i.e., it enhanced classification compared to the use of the accuracy measure as the sole predictor of group membership). Overall, integration of an eye-tracker with the WMT was found to be feasible and the eye movement measures showed initial promise for the detection of feigned cognitive impairment. Moreover, eye movement measures proved useful in enhancing our understanding of strategies utilized by the simulators and the cognitive processes that affect their behavior. While the findings are clearly preliminary, we hope that they will encourage further research of these promising psychophysiological measures.

Neuropsychological and Criminological Features of Female Homicide Offenders.

Few studies have examined life history and cognitive characteristics unique to female homicide offenders. Understanding these characteristics could aid in risk assessment for extreme violence in this group of offenders. The current study utilized t-tests or chi-square tests to compare 27 female and 81 male homicide offenders on psychiatric, neurologic, criminal, and cognitive characteristics. Additionally, we explored the role of abuse history in female offenders through Kruskal-Wallis or Fisher's exact tests. Results indicate that in comparison with male counterparts, females are more likely to have history of mood disorder, borderline personality disorder, and abuse. Cognitively, female homicide offenders exhibit circumscribed cognitive impairment in verbal abilities and perform similarly to male homicide offenders across most cognitive tasks. Within the female offender group, history of sexual abuse is associated with higher rates of impulsive homicide and poorer verbal abilities. These findings provide preliminary evidence for distinct factors associated with homicide in women.

Testing Claims of Crime-Related Amnesia.

Many violent offenders report amnesia for their crime. Although this type of memory loss is possible, there are reasons to assume that many claims of crime-related amnesia are feigned. This article describes ways to evaluate the genuineness of crime-related amnesia. A recent case is described in which several of these strategies yielded evidence for feigned crime-related amnesia.

Differences in Neuropsychological Functioning Between Homicidal and Nonviolent Schizophrenia Samples.

Few studies have compared performance on neurocognitive measures between violent and nonviolent schizophrenia samples. A better understanding of neurocognitive dysfunction in violent individuals with schizophrenia could increase the efficacy of violence reduction strategies and aid in risk assessment and adjudication processes. This study aimed to compare neuropsychological performance between 25 homicide offenders with schizophrenia and 25 nonviolent schizophrenia controls. The groups were matched for age, race, sex, and handedness. Independent t-tests and Mann-Whitney U-tests were used to compare the schizophrenia groups' performance on measures of cognition, including composite scores assessing domain level functioning and individual neuropsychological tests. Results indicated the violent schizophrenia group performed worse on measures of memory and executive functioning, and the Intellectual Functioning composite score, when compared to the nonviolent schizophrenia sample. These findings replicate previous research documenting neuropsychological deficits specific to violent individuals with schizophrenia and support research implicating fronto-limbic dysfunction among violent offenders with schizophrenia.

Effects of handcuffs on neuropsychological testing: Implications for criminal forensic evaluations.

Neuropsychological evaluations are increasingly performed in forensic contexts, including in criminal settings where security sometimes cannot be compromised to facilitate evaluation according to standardized procedures. Interpretation of nonstandardized assessment results poses significant challenges for the neuropsychologist. Research is limited in regard to the validation of neuropsychological test accommodation and modification practices that deviate from standard test administration; there is no published research regarding the effects of hand restraints upon neuropsychological evaluation results. This study provides preliminary results regarding the impact of restraints on motor functioning and common neuropsychological tests with a motor component. When restrained, performance on nearly all tests utilized was significantly impacted, including Trail Making Test A/B, a coding test, and several tests of motor functioning. Significant performance decline was observed in both raw scores and normative scores. Regression models are also provided in order to help forensic neuropsychologists adjust for the effect of hand restraints on raw scores of these tests, as the hand restraints also resulted in significant differences in normative scores; in the most striking case there was nearly a full standard deviation of discrepancy.

The Neuropsychological Assessment of Justice-Involved Men: Descriptive Analysis, Preliminary Data, and a Case for Group-Specific Norms.

OBJECTIVE: Neuropsychological expertise has played an increasing role in legal decision-making in criminal contexts. Valid neuropsychological evidence in criminal forensic contexts requires normative data that are representative of justice-involved individuals. Unfortunately, existing normative data appear unlikely to represent justice-involved individuals due to significant demographic and clinical factors specific to this population. As a result, the interpretation of neuropsychological performance with justice-involved individuals using existing normative data may increase the risk of inaccurate description, invalid clinical conceptualization, misdiagnosis of impairment, and misattribution of deficits in functional-legal capacities. The current study aimed to examine the use of neuropsychological assessment with justice-involved men. METHOD: A sample of incarcerated men (N = 95) was assessed using a battery of demographic, clinical, and neuropsychological measures. RESULTS: Descriptive analyses showed the demographic and clinical diversity of justice-involved men. Inferential statistical analyses, effect size calculations, and clinical analyses demonstrated that a sample of justice-involved men performed significantly differently and was more impaired than commonly referenced normative samples across multiple measures of intellectual functioning, attention, verbal fluency, and executive functioning. Preliminary data are provided to aid the use of the selected neuropsychological measures with justice-involved men. CONCLUSIONS: Justice-involved men appear to represent a distinct neuropsychological population. Group-specific normative data will be useful to help ensure that opinions about these individuals are relevant, valid, and admissible within legal decision-making in criminal contexts. The current data can guide future efforts to develop substantive normative data on neuropsychological measures likely to be used in the assessment of justice-involved men.

Medical Symptom Validity Test Performance Following Moderate-Severe Traumatic Brain Injury: Expectations Based on Orientation Log Classification.

OBJECTIVE: This study examined performance on the Medical Symptom Validity test (MSVT) during acute rehabilitation for moderate-severe traumatic brain injury (TBI) stratified by Orientation Log (O-Log) scores. METHOD: Participants were 77 prospectively enrolled persons who sustained moderate-severe TBI and were acutely hospitalized secondary to the cognitive, medical and physical sequelae of their TBI. Participants were administered neuropsychological metrics, the O-Log and the MSVT a mean of 44 days post injury. RESULTS: Significantly lower neurocognitive test scores were observed among participants who remained in post-traumatic amnesia (O-Log scores ranging from 20 to 24) versus those who were oriented (O-Log scores ranging from 25 to 30). MSVT performance was lower among participants who remained in post-traumatic amnesia. When participants O-Log scores were unimpaired (30), performance on the MSVT was also unimpaired on immediate recognition (IR) and delayed recognition (DR). A small percentage of participants performed below MSVT interpretive expectations on CNS. As O-Log scores decreased, MSVT performance also declined on some, but not all MSVT metrics. The sample as a whole performed at or above expectations on MSVT criterion B2 (IR) = 96.6%; (DR) = 94.8%; consistency (CNS) = 92.9%; paired associate (PA) = 86.4% and delayed free recall (FR) = 46.8%. CONCLUSIONS: MSVT performance stratified by O-Log scores provides basal expectation levels for persons with acute, moderate-severe impairment in cognitive skills secondary to TBI. Our data demonstrate that persons with significant neurocognitive impairment who are oriented generally perform at or above MSVT interpretive guidelines.