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Forensic Assessment Checklist
The following list (copyright held by the American Psychological Association) was created as a resource for those who conduct forensic assessments.
Here are a few related resources:
- Update on Malingering Research
- Deposition and Cross-examination Questions on Psychological Tests & Psychometrics
- Fallacies & Pitfalls in Psychological Assessment: 7 Common Mistakes
- MMPI-A in Forensic Practice
- Sample Agreement Between Expert Witness & Attorney
- Pearson Assessments HIPAA Regulations
- Harcourt Assessment's HIPAA Position Statement
- Multi-Health Systems' Test Disclosure Privacy Policy
- Responsibilities in Providing Psychological Test Feedback to Clients
- Practice Guidelines & Ethics Codes for Assessment, Forensics, Counseling, & Therapy
- The MMPI, MMPI-2, and MMPI-A In Court: A Practical Guide for Expert Witnesses and Attorneys (3rd Edition)
Any of the following items can be easy to overlook in light of the pressures and schedules of court work, the complexity that often emerges in the adversarial nature of litigation, and the difficulty of finding an expert who never makes a mistake. But overlooking any of them can lead to invalid assessments, misleading testimony, and a variety of other serious problems.
Different experts will have their own ways of working with attorneys, selecting standardized tests and other assessment approaches, identifying factors that undermine validity, maintaining documentation, and so on. What is important is that each area represented by the items below be carefully addressed.
- I've reached
an explicit written agreement with the attorney or the court on the specific
purpose and scope of the testing.
- I have the relevant education, training, and experience to conduct
a psychological assessment involving these issues.
- I'm familiar with the current research studies
and other relevant literature that address these issues.
- There are no conflicts
of interest or other factors that would undermine the fairness and
validity of this assessment.
- The tests and other psychological instruments or approaches selected
for this assessment have shown adequate validity and reliability for
these issues.
- The tests and other psychological instruments or approaches
selected for this assessment are appropriate for a person from this population
and with
these
demographic characteristics.
- I have the relevant education, training, and experience to conduct
a psychological assessment using these tests, instruments, or approaches.
- I
have an up-to-date knowledge of the research concerning these tests,
instruments, or approaches, including awareness of reliability and validity
data and the
demonstrated ability to identify efforts to "fake good" or to malinger.
- I've
reached an explicit written agreement with the attorney or court on deadlines.
- I've reached an explicit written agreement with the attorney or court
on fees (see Appendix A for sample agreement).
- I've reached an explicit
written agreement with the attorney or court on the nature and form
in which the assessment will be reported (i.e., written
report,
deposition, trial testimony), including how, if at all, feedback on
the assessment will be provided to the client.
- I've reached an explicit agreement
with the attorney or court on any relevant issues of privilege, confidentiality,
and privacy, including any potential
mandated reports or disclosures.
- I've reached an explicit written agreement
with the attorney or court on who (e.g., the expert witness, the attorney,
the client, or someone else)
will
be responsible for obtaining additional documents or information (e.g.,
reports of previous assessments, assessment reports prepared by other
expert witnesses
in the case).
- I've informed the client about the assessment and obtained
appropriate informed consent (see Appendix B for a sample form).
- I've determined
whether there are any issues regarding vision, hearing, mobility, etc.,
that need to be addressed in the assessment and/or report.
- I've determined whether there are any language (e.g., familiarity
with English, reading difficulty) or cultural issues that need to be
addressed in the assessment
and/or report.
- I've determined whether there are any acute or chronic physical
illnesses, medications, disorders, or disabilities that need to be
addressed in the
assessment and/or
report.
- I've determined whether there are any other factors that may affect
the validity of the assessment or that may require special attention.
- I've
ensured an adequately monitored environment for the assessment (e.g.,
the client had a quiet room -- free from conversation with and distraction
by other
people -- in which to complete the assessment; client did not take
an instrument
like the MMPI-2 home or elsewhere to fill out).
- If the assessment included
any instruments that needed to be scored, I've checked for any scoring
inaccuracies.
- If I've used a computerized interpretive report, I've evaluated
each hypothesis set forth to determine whether there is evidence that
it is basically accurate,
basically inaccurate, or nonapplicable (completely inaccurate).
- In any oral
or written report, including deposition or courtroom testimony, I've
explicitly noted any factors that may have influenced the validity of
this
assessment.
- Throughout this assessment, I've tried to set aside preconceptions
and avoid premature cognitive commitment, looking carefully for data
that don't
fit
my emerging hypotheses and for alternative explanations for the data.
- I've reviewed the legislation and case law in the relevant jurisdiction, APA's "Record Keeping Guidelines" (please follow this link for the Record Keeping Guidelines and other practice guidelines), and other relevant documents to ensure that I maintain adequate documentation of this assessment as long as required, and that I provide adequate security for the documentation.
This checklist was adapted from the chapter "The Expert Witness Prepares & Presents" and the appendix "Expert Witness's Checklist" in The MMPI, MMPI-2, & MMPI-A in Court: A Practical Guide for Expert Witnesses & Attorneys, 2nd Edition, by Ken Pope, Jim Butcher, & Joyce Seelen, published by the American Psychological Association.