Neal, Tess

A qualitative study with 20 board-certified forensic psychologists was followed up by a mail survey of 351 forensic psychologists in this mixed-methods investigation of examiner bias awareness and strategies used to debias forensic judgments. Rich qualitative data emerged about awareness of bias, specific biasing situations that recur in forensic evaluations, and potential debiasing strategies. The continuum of bias awareness in forensic evaluators mapped cogently onto the “stages of change” model. Evaluators perceived themselves as less vulnerable to bias than their colleagues, consistent with the phenomenon called the “bias blind spot.” Recurring situations that posed challenges for forensic clinicians included disliking or feeling sympathy for the defendant, disgust or anger toward the offense, limited cultural competency, preexisting values, colleagues’ influences, and protecting referral streams. Twenty-five debiasing strategies emerged in the qualitative study, all but one of which rated as highly useful in the quantitative survey. Some of those strategies are consistent with empirical evidence about their effectiveness, but others have been shown to be ineffective. We identified which strategies do not help, focused on promising strategies with empirical support, discussed additional promising strategies not mentioned by participants, and described new strategies generated by these participants that have not yet been subjected to empirical examination. Finally, debiasing strategies were considered with respect to future directions for research and forensic practice.

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.