Neal, Tess
Tess Neal is an Assistant Professor of Psychology in the ASU New College of Interdisciplinary Arts and Sciences and is a founding faculty member of the [Program on Law and Behavioral Science](http://lawpsych.asu.edu/). Dr. Neal has published one edited book and more than three dozen peer-reviewed publications in such journals as PLOS ONE; American Psychologist; Psychology, Public Policy, and Law; and Criminal Justice and Behavior. Neal is the recipient of the 2016 Saleem Shah Award for Early Career Excellence in Psychology and Law, co-awarded by the American Psychology-Law Society and the American Academy of Forensic Psychology. She was named a 2016 "Rising Star" by the Association for Psychological Science, a designation that recognizes outstanding psychological scientists in the earliest stages of their research career post-PhD "whose innovative work has already advanced the field and signals great potential for their continued contributions." She directs the ASU [Clinical and Legal Judgment Lab](http://psych-law.lab.asu.edu).
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- All Subjects: Privacy
- All Subjects: psychological assessment
The Sixth Amendment guarantees defendants the right to trial by an impartial jury. Attorneys are expected to obtain information about potential juror biases and then deselect biased jurors. Social networking sites may offer useful information about potential jurors. Although some attorneys and trial consultants have begun searching online sources for information about jurors, the privacy rights of potential jurors’ online content has yet to be defined by case law. Two studies explored the issue of possible intrusion into juror privacy. First, an active jury venire was searched for online content. Information was found for 36% of the jurors; however, 94% of the information was found through simple Google searches. Only 6% of the information we found was unique to other sites. We concluded that searching for potential jurors online is feasible, but that systematically searching sites other than Google is generally not an effective search strategy. In our second study we surveyed attorneys, trial consultants, law students, and undergraduate students about ethical and privacy issues in the use of public domain information for jury selection. Participants evidenced concern about the rights of jurors, the rights of the defendant and accuser, and the role of tradition in court processes.
The question as to whether the assessment of adaptive behavior (AB) for evaluations of intellectual disability (ID) in the community meet the level of rigor necessary for admissibility in legal cases is addressed. Adaptive behavior measures have made their way into the forensic domain where scientific evidence is put under great scrutiny. Assessment of ID in capital murder proceedings has garnished a lot of attention, but assessments of ID in adult populations also occur with some frequency in the context of other criminal proceedings (e.g., competence to stand trial; competence to waive Miranda rights), as well as eligibility for social security disability, social security insurance, Medicaid/Medicare, government housing, and post-secondary transition services. As will be demonstrated, markedly disparate findings between raters can occur on measures of AB even when the assessment is conducted in accordance with standard procedures (i.e., the person was assessed in a community setting, in real time, with multiple appropriate raters, when the person was younger than 18 years of age) and similar disparities can be found in the context of the unorthodox and untested retrospective assessment used in capital proceedings. With full recognition that some level of disparity is to be expected, the level of disparity that can arise when these measures are administered retrospectively calls into question the validity of the results and consequently, their probative value.