LSP Forensic Psychology & Legal Issues 3 — Questions and Answers
Question 1: The Tarasoff duty to protect requires a therapist to take reasonable steps to warn or protect an identifiable third party when a patient makes what kind of threat?
- A vague expression of anger
- A credible, specific threat of serious physical harm (Correct answer)
- Any statement about wanting to hurt someone
- A threat made under hypnosis
Correct answer: A credible, specific threat of serious physical harm
Tarasoff and subsequent case law require that the threat be credible and directed at an identifiable victim before the duty to protect is triggered.
Question 2: Which of the following best describes 'malingering' in a forensic psychological context?
- Unconscious production of symptoms due to psychological conflict
- Intentional fabrication or gross exaggeration of symptoms for external gain (Correct answer)
- Somatoform disorder with no organic basis
- Dissociative amnesia following genuine trauma
Correct answer: Intentional fabrication or gross exaggeration of symptoms for external gain
Malingering is the intentional, conscious production or exaggeration of symptoms motivated by external incentives such as avoiding prosecution or obtaining compensation.
Question 3: A forensic psychologist is asked to conduct both a therapeutic assessment and a forensic evaluation of the same client. The most appropriate response is to:
- Proceed if the client consents in writing
- Decline both roles to avoid a dual role conflict (Correct answer)
- Conduct both assessments but disclose findings only to the attorney
- Use only observational methods to avoid bias
Correct answer: Decline both roles to avoid a dual role conflict
Performing simultaneous therapeutic and forensic roles creates an irreconcilable conflict of interest that compromises objectivity, and the roles should be kept separate.
Question 4: When assessing Miranda rights waiver capacity, which is NOT typically evaluated?
- Understanding of the right to remain silent
- Appreciation of consequences of waiving rights
- IQ and cognitive functioning
- The defendant's prior history of violent crime (Correct answer)
Correct answer: The defendant's prior history of violent crime
Miranda waiver capacity assessment focuses on comprehension and appreciation of the rights themselves, not on the defendant's criminal history.
Question 5: Which test is specifically designed to detect feigned cognitive impairment in neuropsychological evaluations?
- WAIS-IV
- Test of Memory Malingering (TOMM) (Correct answer)
- Beck Depression Inventory
- Millon Clinical Multiaxial Inventory
Correct answer: Test of Memory Malingering (TOMM)
The TOMM is a validity indicator designed to detect effort problems and feigned memory impairment in neuropsychological assessments.
Question 6: Under HIPAA, which category of information generally receives the MOST stringent privacy protections?
- General medical records
- Psychotherapy notes (Correct answer)
- Billing records
- Lab results
Correct answer: Psychotherapy notes
HIPAA accords psychotherapy notes the highest level of protection, requiring separate authorization for their disclosure beyond routine treatment operations.
Question 7: A psychologist serving as an expert witness for the defense provides testimony that strongly favors the prosecution. This situation best illustrates:
- Confirmatory bias
- Allegiance effect (Correct answer)
- Halo error
- Therapeutic jurisprudence
Correct answer: Allegiance effect
The allegiance effect refers to the tendency for expert witnesses to produce findings that favor the side that retained them, though in this case the expert resisted it.
The Tarasoff duty to protect requires a therapist to take reasonable steps to warn or protect an identifiable third party when a patient makes what kind of threat?