Thirteen is the lucky number in this recently published book from the Guilford Press, as Clinical Neuropsychology in the Criminal Forensic Setting is an extremely useful and informative collection of thirteen succinct chapters. The editors have accomplished more than rounding up the usual suspects in this volume. They brought together a consistent and evenly matched team of chapter authors who have succeeded in educating the reader about the myriad and complex issues related to working in an area of Clinical Neuropsychology where life, death, freedom and/or incarceration may await those being examined.
A growing number of clinical neuropsychologists are providing clinical services to individuals involved in criminal forensic proceedings. The neuropsychologist must objectively document how neuropathological conditions affect cognitive abilities and also be able to identify unusual behaviors not due to neuropathological conditions, including issues related to psychopathy and malingering. In Chapter 1, “Constitutional, Judicial, and Practice Foundations of Criminal Forensic Neuropsychology,” Denney and Sullivan explain a model for neuropsychology practice within the criminal forensic setting. They also provide an overview of the criminal justice system and explain when a neuropsychologist may typically become involved during this lengthy process. Core criminal case law is also explained. This is an excellent introduction to this unique domain of practice.
In Chapter 2, “Ethical Issues In Criminal Forensic Neuropsychology,” Tyson and Sullivan discuss differences between ethical issues that arise in clinical versus criminal forensic neuropsychology practice. They stress the importance of synthesizing clinical judgment and knowledge of forensics in order to provide the trier of fact with objective data that informs, rather than intrudes upon, the judicial decision making process. Also addressed is the conflict between how psychological and legal systems differ in how “truth” is conceptualized. This chapter details ethical information regarding informed consent, competency issues, training and education, release of test data, and multiple relationships. It also offers relevant case law and quotes position statements from various American Psychological Association subgroups regarding criminal forensic topics.
Chapter 3, “Admissibility of Neuropsychological Evidence In Criminal Cases,” by Kaufmann begins with case vignettes that cover issues related to whether or not neuropsychologists are appropriately viewed as experts with regard to organic brain impairment. It informs about rules governing competency issues and the insanity defense, and discusses Miranda rights, entry of a plea, standing trial, and punishment issues. The strongest section of this chapter relates to the impact of Daubert on admissibility of expert testimony in criminal litigation. Specific cases where neuropsychologist’s testimony were both included and excluded based upon Daubert rulings are cited, including discussion of the Boston Process Approach.
Chapter 4, “Negative Response Bias And Malingering During Neuropsychological Assessment In Criminal Forensic Settings,” by Denney, is a very important chapter that discusses the explosion of malingering research over the past 10 years. It begins with an exploration of various types of malingering and negative response bias, and continues with discussion of the importance of knowing base rates for malingering across a variety of settings. The chapter contains an important decision tree model to assist with ruling out possible malingering related issues in the criminal forensic context. It also highlights many of the major stand-alone and embedded cognitive measures of malingering,
Although evaluation of competency to stand trial, insanity, and risk assessments have been areas commonly assessed by neuropsychologists, a defendant’s competency to waive Miranda rights and assessment of psychological factors relevant to false/coerced confessions are relatively new considerations for neuropsychologists. Chapter 5, “Psychological Evaluation in Miranda waiver and Confession Cases,” by Frumkin is an excellent chapter that discusses the clinical, legal and theoretical issues related to Miranda and confession related issues. For each, a clinical protocol is proposed to assist neuropsychologists in addressing these issues, and ethical considerations are also discussed. This is a very strong chapter even for those who already have familiarity with the various complexities of criminal forensic neuropsychology.
In Chapter 6, “Neuropsychological Evaluation Of Competency To Proceed,” by Marcopulos, Morgan and Denney, the role of neuropsychologists in determining a defendant’s competency to proceed are addressed, including discussion of trial participation, pleading nolo contendere, waiving one’s right to counsel, sentencing, and execution. In each component of the criminal judicial process, legal standards and excellent definitions are provided. In addition, these authors provide useful case examples about amnesia (real and feigned), mental retardation, traumatic brain injury, and psychosis. Objective measures for assessing competency are also highlighted.
“Neuropsychology In The Assessment of Mental State at the time of the Offense,” Chapter 7 by Yates and Denney, covers important issues related to legal definitions and criteria for sanity, followed by explanations about how neuropsychologists assist with determining (1) whether or not a defendant showed criminal responsibility for the crime, and (2) whether the defendant’s cognitive status impacted his level of responsibility i.e., diminished capacity. This chapter’s primary purpose is to help neuropsychologists better understand the criminal responsibility standards of both federal and state jurisdictions. Differences between diminished capacity, diminished responsibility, and related sentencing issues in regard to pathology at the time of the crime are discussed. The authors successfully translate important legal standards into psychologically meaningful concepts and explain how specific neuropathologies are related to the aforementioned domains.
Chapter 8, “Neuropsychological Approaches to Criminality and Violence,” by Barr has wide applicability, and will be of particular benefit to those who practice outside of the criminal forensic setting as it distinguishes between a defendant with a predisposition for aggression or violence and one who has committed a violent or aggressive act as a result of a “mental disease or defect,” citing literature that supports the view that certain neurobiological factors may influence violent behavior. Appropriate cautions include that neurobiological factors are rarely the sole cause of violent acts, and each case must be viewed in a multidimensional context and with thorough analysis of the individual’s characteristics and factors relating to the crime. With a focus on antisocial personality disorder related issues, Barr provides a method to assist with differentiating between the effects of developmental or acquired neurobiological disease(s).
The complexity of death penalty cases, and the role of a neuropsychologist in these cases that involve the “ultimate and irrevocable sanction” is the topic of Chapter 9, “Neuropsychological Consultation in the Sentencing Phase of Capital Cases,” by Heilbronner and Waller. The authors begin by discussing four essential components in forensic neuropsychology, and highlight the importance of knowing one’s own morals, personal values, views on the constitutionality of the death penalty, role of government, and other theoretical and philosophical issues. They then discuss complex factors about providing neuropsychological expertise in such cases, and the importance of social history investigation. Expert timing, role, and qualifications are outlined and examples provided that highlight mitigating factors in neuropsychological testimony.
Wynkoop’s Chapter 10, “Neuropsychology in the Juvenile Justice System,” provides an excellent primer for developing a conceptual framework that integrates knowledge of child development, pediatric neuropsychology, and basic criminal procedures. Differences between criminal and juvenile justice and history of the evolution of juvenile justice in the United States is included, along with a discussion of pediatric and adolescent neuropsychological development. Perhaps the most unique section is a lengthy discussion about assessing malingering in children; the author provides models and detection strategies. Ethics and professional considerations are also discussed.
A daunting hindrance when a neuropsychologist enters the criminal forensic setting is unknown pragmatics, e.g,, how one arranges for and conducts a neuropsychological examination in a correctional setting with incarcerated defendants. In Chapter 11, “Conducting Criminal Forensic Neuropsychological Assessments: Pragmatic Considerations,” Honor and Sullivan provide a step-by-step guide regarding contact with attorneys, fees, informed consent, the referral, paperwork, defendant transportation, logistics for a correctional facility examination, conducting a privately retained examination, report preparation, and court-ordered evaluations. Samples of a retained agreement form, forensic worksheet, independent forensic neuropsychological examination consent form, notification of purpose forms, and an informed consent contract are included.
Once a neuropsychologist has collected, analyzed, and interpreted the generated neurocognitive and emotional assessment data, reviewed the history and the various records, and completed the neuropsychological evaluation, the next step in criminal forensics is presenting the data to the Court. Fisher in Chapter 12, “Presenting Neuropsychological Findings, Opinions, and Testimony to the Criminal Court,” provides excellent practical information to assist one in functioning more effectively as the expert and to ensure quality forensic work, report preparation, and trial testimony. The author \provides introductory information and useful suggestions that likely will reduce anxiety for those providing expert testimony for the first time. Specifically, the author discuss admissibility and laws governing expert testimony, bias and debiasing, foundation, assessment issues, forensic reports, and practical suggestions for more effect direct and cross examination testimony.
In the final chapter entitled “A Final Word on Authentic Professional Competence In Criminal Forensic Neuropsychology,” the editors discuss competency issues with regard to state guidelines and the three tiered competency levels determined during the Villanova Conference. They also emphasize a collaborative model for practice in criminal forensic neuropsychology.
I am pleased to recommend Clinical Neuropsychology in the Criminal Forensic Setting to any neuropsychologist interested in the field of criminal forensic neuropsychology. This book is useful at all levels of training - including doctoral students, interns, residents, and practicing neuropsychologists who are interested in further training and development in criminal forensics. Certain chapters are a “must read” for doctoral students taking courses which include forensic issues.
