LSP Forensic Psychology & Legal Issues 2 — Questions and Answers
Question 1: Under the Daubert standard, what is the primary criterion for admitting expert psychological testimony in federal court?
- The expert holds a doctoral degree
- The testimony is based on scientific knowledge that will assist the trier of fact (Correct answer)
- The expert has previously testified in court
- The testimony is consistent with DSM-5 criteria
Correct answer: The testimony is based on scientific knowledge that will assist the trier of fact
Daubert requires that expert testimony be grounded in scientific knowledge and be helpful to the judge or jury in resolving a fact in dispute.
Question 2: A psychologist conducting a competency to stand trial evaluation finds the defendant unable to understand the proceedings. What is the next legal step?
- The charges are dismissed immediately
- The defendant is typically committed for competency restoration treatment (Correct answer)
- The defendant is found not guilty by reason of insanity
- The psychologist must report to the prosecutor only
Correct answer: The defendant is typically committed for competency restoration treatment
When a defendant is found incompetent to stand trial, courts generally order competency restoration, often through inpatient or outpatient treatment.
Question 3: Which legal standard specifically requires that an expert's methodology be testable, peer-reviewed, have a known error rate, and be generally accepted?
- Frye standard
- Daubert standard (Correct answer)
- M'Naghten standard
- Durham rule
Correct answer: Daubert standard
The Daubert standard, established in Daubert v. Merrell Dow Pharmaceuticals (1993), sets out these four criteria for the admissibility of scientific expert testimony.
Question 4: A forensic psychologist is asked to evaluate whether a convicted sex offender meets criteria for civil commitment as a Sexually Violent Predator. Which key element must be established?
- A prior felony conviction for any crime
- A mental abnormality or personality disorder that makes the person likely to reoffend sexually (Correct answer)
- A score above 30 on the PCL-R
- Failure to complete a sex offender treatment program
Correct answer: A mental abnormality or personality disorder that makes the person likely to reoffend sexually
SVP statutes require proof of a mental abnormality or personality disorder that predisposes the individual to commit sexually violent acts.
Question 5: In child custody evaluations, which ethical principle requires the psychologist to clarify their role to all parties before beginning?
- Beneficence
- Justice
- Informed consent and role clarification (Correct answer)
- Autonomy
Correct answer: Informed consent and role clarification
APA guidelines mandate that evaluators clarify their role, the purpose of the evaluation, and how findings will be used before gathering any data.
Question 6: Which instrument is most widely validated for assessing violence risk in adult offender populations?
- MMPI-3
- HCR-20 (Correct answer)
- PAI
- Rorschach Inkblot Method
Correct answer: HCR-20
The Historical Clinical Risk Management-20 (HCR-20) is a structured professional judgment tool with strong empirical support for adult violence risk assessment.
Question 7: A defendant pleads not guilty by reason of insanity (NGRI). If successful, what is the typical immediate outcome in most U.S. jurisdictions?
- Release with probation
- Acquittal with no further legal consequences
- Commitment to a psychiatric facility until no longer dangerous (Correct answer)
- Mandatory outpatient treatment only
Correct answer: Commitment to a psychiatric facility until no longer dangerous
A successful NGRI verdict typically results in civil commitment to a psychiatric hospital rather than incarceration, where the individual remains until deemed not dangerous.
LSP Forensic Psychology & Legal Issues 2
Under the Daubert standard, what is the primary criterion for admitting expert psychological testimony in federal court?