Forensic Assessments of Racial-Ethnic Differences in Genuine and Malingered Psychotic Presentations.

Competent forensic practice has required continued training and professional practice in differentiating between genuine and malingered presentations, especially within the spectrum of psychotic disorders. Historically, practitioners valued racial, ethnic, and cultural differences but often considered them as peripheral matters. In contemporary forensic practice, however, language and culture play preponderant roles. This commentary is focused on core features of malingering via a cultural lens. Three core, race-informed principles, such as biases against the African American Language, are highlighted and discussed. Related subjects for forensic practice include relevant clinical constructs such as malingering bias and "imposed etics," specifically, the imposition of mainstream values and discounting of cultural differences.

Malingering and Defensiveness on the Spanish Personality Assessment Inventory: An Initial Investigation with Mostly Spanish-Speaking Outpatients.

Psychological assessments can be essentially invalidated by examinees' intentional response styles, such as feigning (i.e., fabrication or marked overreporting of symptoms/impairment) and defensiveness (i.e., denial or minimization of symptoms/impairment). As a psychometric strength, the Personality Assessment Inventory (PAI) has established validity indicators for identifying both response styles. With the United States' increasing ethnic and cultural diversity, predominantly Spanish-speaking individuals are now estimated in the range of 15 million persons. Unfortunately, very little research has been conducted on the Spanish-translated PAI regarding its effectiveness in clinical populations. Using a between-subjects design, a sample of mostly Spanish-speaking outpatients was randomly assigned to genuine, feigning, or defensive conditions. For feigning, PAI malingering indicators using rare symptoms strategies (i.e., Negative Impression [NIM] and Negative Distortion [NDS] scales) demonstrated moderate to large effect sizes. For defensiveness, the Defensive (DEF) index proved the most effective with a very large effect size (M = 1.68). Different cut scores were examined to increase the clinical utility of the Spanish PAI for determining response styles.

Validation of the Spanish SIRS with monolingual Hispanic outpatients.

Psychologists are faced with formidable challenges in making their assessment methods relevant to growing numbers of Hispanic clients for whom English is not the primary or preferred language. Among other clinical issues, the determination of malingering has profound consequences for clients. In this investigation, we evaluated a Spanish translation of the Structured Interview of Reported Symptoms (SIRS; Rogers, Bagby, & Dickens, 1992) with 80 Spanish-speaking Hispanic American outpatients. Using a between-subjects simulation design, the Spanish SIRS was found to produce reliable results with small standard errors of measurement. Regarding validity, very large effect sizes (mean Cohen's d= 2.00) were observed between feigners and honest responders for the SIRS primary scales. We consider the potential role of the Spanish SIRS with reference to Spanish translations for other assessment instruments.

A Study of the SIRS with severely traumatized patients.

Clinical research has revealed that traumatized patients often elevate feigning indicators on psychological measures, which raises the possibility that traumatization and concomitant dissociation may lead to misclassifications of malingering. Within the domain of feigned mental disorders, the Structured Interview of Reported Symptoms (SIRS; Rogers, Bagby, & Dickens, 1992) is a well established measure with excellent reliability and validity across clinical and forensic settings. Although recent studies have demonstrated its effectiveness with outpatient posttraumatic stress disorder (PTSD) samples, the SIRS usefulness with severely traumatized patients remains to be investigated. In this study, we recruited traumatized patients for a within-subjects simulation design in which we asked feigners to convincingly portray themselves as examinees claiming total disabilities. When compared to standard instructions, feigned presentations produced substantial effect sizes. Although the standard SIRS classifications produced moderately high sensitivities (M = .82), the false-positive rates were problematic. To minimize false-positives, we constructed a Trauma Index (TI) from 3 primary SIRS scales that appeared unaffected by severe trauma. Implementation of the TI substantially reduced false-positive rates (M = .09).

Spanish translations of Miranda warnings and the totality of the circumstances.

Spanish-translated Miranda warnings are administered annually to thousands of Hispanic custodial suspects. In examining 121 Spanish translations and their English counterparts from 33 states, the lengths of Miranda warnings were generally comparable but marked differences were observed in the reading levels for individual Miranda components. The adequacy of Miranda translations varies markedly from minor variations to substantive errors. The most serious problems involved the entire omission of Miranda components; several omissions were observed in the Spanish translations for even the basic rights to silence and counsel. More commonly, Miranda discrepancies involved dissimilar content with a substantial trend toward more information in English than Spanish versions. Findings related to the Miranda translations, different word lengths, and varied reading levels are discussed using the totality of circumstances as its framework.