Forensic Neuropsychology: Essential Information to Know Before
Embarking on a Path Less (but Increasingly) Traveled
Chriscelyn Tussey, Psy.D., ABPP
Board Certified Forensic Psychologist Clinical Neuropsychologist
AP-LS Webinar March 31, 2015
Objectives
• Definition, history, and growth • Ethical, legal, and clinical considerations • Requisite training • Scope of work and examples • The future
Forensic Psychology
• The intersection between psychology and the law – Generate and communicate information to answer
specific legal questions or help resolve legal matters (Grisso, 2003)
Neuropsychology
• Study of brain-behavior relationships • Application of standardized assessment of
brain functions including: – attention, concentration, memory, abstract
reasoning, mental flexibility, processing speed, sensorimotor ability, & personality functioning
NAN Definition of a NP (2001) The clinical neuropsychologist (minimal criteria) has: 1. A doctoral degree in psychology from an accredited university
training program. 2. An internship, or its equivalent, in a clinically relevant area of
professional psychology. 3. The equivalent of two (fulltime) years of experience and
specialized training, at least one of which is at the post- doctoral level, in the study and practice of clinical neuropsychology and related neurosciences. These two years include supervision by a clinical neuropsychologist.
4. A license in his or her state or province to practice psychology and/or clinical neuropsychology independently, or is employed as a neuropsychologist by an exempt agency.
Forensic Neuropsychology
• The practice of providing neuropsychological evidence and opinions to assist the trier of fact in resolving legal issues (Greiffenstein, 2008; Slobogin, 2003).
Forensic Neuropsychology
• Civil litigation to criminal proceedings • Emerged in the late 1980’s - early 1990’s, following
the Jenkins v. United States (1962) ruling • Borum and Grisso (1995): 46-50% of FP used some
type of NP evaluation in pre-trial evaluations • Growing inclusion of neuroscience, neurolaw, and
NP in forensic world
Forensic Neuropsychology
• One of fastest growing subspecialties within NP (e.g., Sweet, Meyer, Nelson, & Moberg, 2011; Heilbronner, 2004; Kaufmann, 2009),
• Braun et al. (2011) noted a 6% average rate of annual growth in Lexis cases referencing neuropsychology between 2005-2009, and a 20% increase in 2010.
• Lawyers seek FNP because of scientific approach (Larrabee, 2012) that also meets judicial standards for expert testimony (Kaufmann, 2012).
Ex. Criminal Forensic NP Evaluations
• CST • MSO • Risk Assessment • Competence to Waive Miranda Rights • Mitigation and Presentencing evaluations • Atkins hearings
Ex. Civil Forensic NP Evaluations
• IME • Fitness for duty/practice • NGRI Acquittal release • Testamentary Capacity • Guardianship • Worker’s Compensation (Administrative)
Competence to Perform Forensic Evaluations
• Legal system • Forensic assessment instruments and techniques • Legal doctrines that are relevant to the mental health
evaluation – The Fifth, Sixth, Eight, and Fourteenth Amendments are
considered the most relevant for criminal forensic practice (Denney & Sullivan, 2008).
• Research about clinical diagnoses, syndromes, symptoms, etc. • Demands of being an expert witness
Melton, Petrila, Poythress, & Slobogin (2007) *Not exhaustive list
Competence to Perform Neuropsychological Evaluations • Clinical conditions that affect the central nervous system • Neuroanatomy • Neuropathology • Psychometrics • Test administration and interpretation • Ecological validity
*Not exhaustive list
Independent and Court-ordered Forensic NP Evaluations
• The NP-Retaining Party relationship • The NP-Patient relationship • Objectivity • Confidentiality • Informed Consent and disclosures of potential conflicts of interest • Third party observers • Examination procedures • Scope of interpretation • Presentation of findings • Revision of reports • Release of raw data • Termination of the relationship with Retaining Party • Licensing complaints and ethics committee complaints • State and federal laws
NAN Official Statement, 2003
Forensic Psychology
From ABPP website (March 2015): For forensic specialization:
At least 100 hours of formal education, direct supervision or continuing education in forensic psychology; and at least 1000 hours of experience in forensic psychology obtained in either of two ways (i.e., completion of a full- time, at least one year, postdoctoral training program in forensic psychology, meeting curriculum requirements consistent with APA’s definition of forensic psychology as a specialty, or during a minimum period of five years, all of which are postdoctoral).
Board Certification
• Benefits – Personal and professional
• Forensic, Clinical Neuropsychology, or both?
Top 5 Suggestions 1. Do your research and know what you are
getting into. 2. Become a good clinical psychologist first, and
train from there. Strive for competent practice and maintain high standards for yourself.
3. Seek research, clinical, teaching, advocacy, and professional development opportunities.
4. Think outside of the box. 5. Be proactive, get involved, and earn, seek, and
serve as a sponsor.
• American Psychological Association (2002; 2010 Amendments) Ethical Principles of Psychologists and Code of Conduct (EPPCC) • Specialty Guidelines for Forensic Psychologists (2013) • AP-LS, NAN, AACN, INS, Division 40- SCN & ANST, IOPC • NYSAN, NYNG • State Psychological Associations • The Clinical Neuropsychologist, Archives of Clinical Neuropsychology, Law & Human Behavior • http://brainblogger.com/ • http://www.humanconnectomeproject.org/
For additional information: