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.

An emerging niche…  

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).

TCN/AACN 2010 Salary Survey  

TCN/AACN 2010 Salary Survey

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

Competence to Perform Forensic Neuropsychological

Evaluations  

ETHICS

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

Requisite Training

•  Clinical Psychology •  Forensic Psychology •  Clinical Neuropsychology

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).

Clinical Neuropsychology

Board Certification

•  Benefits – Personal and professional

•  Forensic, Clinical Neuropsychology, or both?

FNP Integration &

The Future •  Who? •  What? •  When? •  Where? •  How?

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:

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