Potential for Bias in MMPI-2 Assessments Using the Fake Bad Scale (FBS)

The Fake Bad Scale (FBS), developed to identify malingering of emotional distress among claimants seeking compensation for personal injuries, was recently added to the MMPI-2 scoring materials, resulting in its widespread dissemination across the various clinical settings that use the MMPI-2 in psychological evaluations. We examine: (1) questions of item bias in the FBS; (2) how malingering and nonmalingering groups are identified in FBS studies, including whether the research has been broadly inclusive and fully represents the populations assessed by the MMPI-2; (3) the reliability and validity of the FBS; (4) the highly variable recommendations for raw score cut-offs and how they relate to T scores; (5) two inpatient groups [men in a tertiary care Veterans Affairs Healthcare System (VA) unit and women in an eating disorders program] who may be inappropriately labeled as malingering by the FBS; (6) the publisher’s statement on use of the FBS; and (7) a Frye hearing in Florida where the FBS was excluded from expert testimony, one of three so far. We raise questions about its potential bias against people with disabilities and physical illnesses, women, individuals exposed to highly traumatic situations, and those motivated to present themselves in a favorable light. Psychologists using the FBS for making decisions about clients’ motivations need to be aware of the serious problems with the scale’s use and the cases of its inadmissibility in court.     

Ambiguous Measures of Unknown Constructs: The MMPI-2 Fake Bad Scale (aka Symptom Validity Scale, FBS, FBS-r)

The Fake Bad Scale (FBS; Symptom Validity Scale) has fundamental psychometric flaws, interpretive problems, and potentially adverse societal consequences that are not appreciated by Ben-Porath et al. (Psychological Injury and Law 2(1), 62–85, 2009a, b). The FBS was constructed without due consideration to scientifically based guidelines for scale development (Clark and Watson, Psychological Assessment 7, 309–319, 1995; Jackson, Psychological Review 78, 229–248, 1971; Nunnally 1978; Holden and Troister, Canadian Psychology 50, 120–130, 2009). After almost two decades in existence, its face, content, and construct validity have not been established in the empirical literature. Oft-cited discriminant studies that appear to support the FBS are premature because of the scale’s unestablished psychometric foundation. In addition, these studies have significant methodological weaknesses that preclude definitive conclusions about what the scale actually measures. We review these weaknesses and recent legal cases that challenge the scale. We recommend that the FBS’s validity and fairness be addressed in an independent scientific review by the Buros Mental Measurement Test Evaluation System, a non-profit center specializing in the evaluation of commercially available tests.     

The Development of a Reduced-Item Structured Inventory of Malingered Symptomatology (SIMS)

Effort assessment is a relevant area in neuropsychological assessment. There are well-established self-report measures, such as the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) FBS Symptom Validity Scale (FBS; Lees-Haley, English & Glenn, Psychological Reports 68: 203-210, 1991) and MMPI-2 Response Bias Scale (RBS; Gervais, Ben-Porath, Wygant & Green, Assessment 14: 196, 2007). However, there is also a need for brief measures of symptom exaggeration. The Structured Inventory of Malingered Symptomatology (SIMS) appears to be a promising self-report measure of symptom validity (e.g., Smith & Burger, Academy of Psychiatry and the Law 25: 183-189, 1997). In order to understand the psychometric properties of the SIMS, a comprehensive item analysis was performed with the questionnaire. Items were removed due to invariable response or lack of relationship with the total SIMS. Receiver operating characteristics (ROC) curve analyses were completed using RBS and FBS Symptom Validity Scale (FBS) of the MMPI-2 with items grouping from the SIMS indices. The results found that limiting the number of items did not affect overall utility. The abbreviated indices on the SIMS had excellent discrimination with the neurologic impairment (NI) and affective disorder (AF) scales and good discrimination with psychosis (P) and amnesic disorder (AM) scales of the SIMS. The briefer measure allows for less time required to administer the measure, while still maintaining the integrity of the SIMS.     

A comparative study of British and German press articles on ‘organised crime’ (1999–2009)

Organised crime is the topic of many popular fiction teledramas and films, such as The Sopranos, The Godfather and Goodfellas. The relationship between fiction and fact is delicate. We argue that the same can be said for the influence of the press. How far does the press construct, rather than objectively recount an image of organised crime? We extracted 389 British and German articles from national newspapers that reported organised crime between 1999 and 2009, from the Lexis Nexis (now Nexis UK) database and the online archives of a number of German newspapers. We then analysed them using quantitative and qualitative methods of textual analysis. In this article, we analyse the British and German press discourses on organised crime between 1999 and 2009, to identify their rhetoric and compare their reporting. To do this, we will 1) define terms and explain our methodology; 2) provide a general overview of statistics; 3) provide two specific analyses of reporting of organised crime and 4) discuss our findings.     

Belief in a Just World as a Resource of Victimized Students

In a cross-sectional questionnaire study with N?=?2593 German students, aged between 12 and 17 years (M?=?14.1, SD?=?0.5), we investigated the relation between students’ personal belief in a just world (BJW) and their victimization in bullying situations. According to the just-world theory and research, we expected that the more strongly the students endorsed the personal BJW, the less likely they were to report being victimized by other students. We aimed to extend previous findings that failed to confirm this negative relation by considering students’ personal experience of teacher justice as a possible mediator in this relation, while statistically controlling for sex and school type. We further considered the nested data structure with regard to school classes in our analyses. The results of latent mediation analyses at the individual and group levels showed that the more the students endorsed personal BJW, the more they evaluated their teachers’ behavior toward them personally as being just, and the less likely they were to report that they were bullied. However, the students’ personal experience of teacher justice did not mediate the relation between personal BJW and victimization at the individual or group level when controlled for sex and school type. We discussed the adaptive functions of BJW and implications for future school research and practice.     

Influence of substrate tissue type on larval growth in Calliphora augur and Lucilia cuprina (Diptera: Calliphoridae)

The size of fly larvae is an important variable in the use of these insects to estimate postmortem interval. Furthermore, the nutritional intake of larvae is likely to vary subject to the part of a corpse on which they are feeding. A study was therefore conducted to investigate the effect of type of food substrate on larval growth in two species of forensically important Australian blowflies. After collection on sheep's liver in the laboratory, different groups of larvae of Lucilia cuprina (Wiedemann) and Calliphora augur (Fabricius) were grown on sheep's liver, meat, and brains, and their body lengths compared. Results indicated that the development of larvae fed sheep's liver was adversely affected compared with larvae fed meat and brain; they moulted later, reached maximum length more slowly and sometimes produced significantly smaller pupae. These findings, similar to those of another recent study, have obvious implications for postmortem interval determinations. Estimates may be considerably skewed if the site of collection of larvae at a death scene contains tissue types different to those used in reference experiments. We therefore recommend caution in forensic analyses that interpret crime scene data using developmental studies performed with a single type of larval food substrate.     

Trauma-Related Dissociation Is No Fantasy: Addressing the Errors of Omission and Commission in Merckelbach and Patihis (2018)

Dissociation is commonly a response to trauma that can be associated with significant impairment. In order to deal with dissociation in court from a comprehensive, scientifically informed, and valid perspective, Brand, Schielke, and Brams (Psychological Injury and Law, 10, 283-297, 2017a, b) provided a balanced view of dissociation, its characteristics, evidence base, and best assessment practices. Without an approach such as this, forensic experts risk having insufficient knowledge in its causation, phenomenology, and assessment and accordingly misunderstand trauma-related dissociation (TRD). Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) addressed this issue by providing an overview of TRD relevant to forensic contexts, acknowledging some of the erroneous and misinformed approaches to the topic. Merckelbach and Patihis (2018) offered a critique of Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) that illustrated this lack of knowledge and misunderstanding about TRD. Many of the statements made by these authors are conceptually inaccurate or scientifically misinformed. As we show, they were incorrect when they stated that research is lacking about the inter-rater reliability of dissociative disorder (DD) diagnoses. They were unaware of the error rates of tests and interviews among dissociative samples, which we present here. Merckelbach and Patihis challenged Brand et al., arguing their methods and literature review “lacked a connectivity to existing science” (p. 3), despite extensive citations of studies with DD patients. They argued that we failed to adequately consider malingering despite our discussions of empirically supported methods for assessing it. We show that Merckelbach and Patihis overlooked research that does not support their views. As we review their comments, we illustrate their pattern of misreading and misunderstanding our papers, as well as lapses in their reasoning. The current paper reinforces that in the forensic context, experts can acquire adequate understanding of TRD and its evidence base, and put forward arguments against any harsh critique of the area that is uninformed about, misunderstands, or includes omissions and errors in critical conceptualization, state-of-the-art assessment practices, and research methodology and results.     

Public Attitudes in Australia to the Reintegration of ex-Offenders: Testing a Belief in Redeemability (BiR) scale

We report the results of a large scale Australian survey of public attitudes to offender reintegration. A representative sample of 1215 respondents gave their views about the possibility that offenders could make a good life for themselves after having committed crime. Views expressed were significantly positive with around four out of five respondents indicating they believed reintegration was possible and should be attempted. On the basis of the responses an overall score was calculated for each respondent. Analysis of the data suggested that three factors contributed to the overall score. We named these: Human capital, Possibility of change and Agency and the rationale for these is discussed. Some demographic factors (age, gender, presence of children in the household and highest level of schooling) were significantly related to scores in one of the components. Respondents also reported whether they, or someone close to them, had been a victim of crime or had been arrested, and whether they had worked in the field of law enforcement or the field of human services. Inclusion in these categories was found to be significantly related to certain components of the overall score. These findings are discussed in the light of related surveys in other jurisdictions and we invite other researchers to use the scale and suggest improvements.     

Context and Change: The Evolution of Pioneering Drug Courts in Portland and Las Vegas (1991–1998)

Drug courts in the United States are still relatively young, but they have proliferated dramatically since the first innovation in Miami in 1989. Research focusing on drug courts is now beginning to gain momentum, though it still lags considerably behind the growth of the movement itself. This article describes findings from a first "longitudinal" examination of two of the nation's first and longest operating courts in Portland and Las Vegas, focusing on the dynamic nature of the evolution of the model as adapted in each site. In particular, the research considers the impact of contextual factors – laws, administrative policies, and federal court orders – on the growth of drug court models in each jurisdiction as measured through their screening and enrolling mechanisms over time. The time series analyses suggest that several contextual factors played an important role in shaping these courts and affecting their impact on the target populations and the results they produced. The longitudinal findings illustrate the importance of context in making sense of "normal" evaluation findings and emphasize the dynamic nature of the change process in implementing innovative policy in the criminal courts.     

Association of the MMPI-2 Restructured Form (MMPI-2-RF) Validity Scales with Structured Malingering Criteria

The current study examined the validity scales of the Minnesota Multiphasic Personality Inventory-2 Restructured Form (MMPI-2-RF; Ben-Porath and Tellegen 2008) in relation to the structured malingering criteria developed to assess malingered neurocognitive dysfunction and pain-related disability. These criteria examined a sample of 251 individuals undergoing compensation-seeking evaluations, who completed a battery of response bias measures. The MMPI-2-RF over-reporting scales yielded large effect sizes in contrasting those in the probable/definite malingering groups from the incentive only groups. The largest effects were found for the Infrequent Responses and Gervais et al. (Assessment, 14, 196–208, 2007) Response Bias Scale, an experimental scale that can be scored on the MMPI-2-RF. Classification analyses were also utilized to examine various cut scores for the individual validity scales, as well as their use in combination. These results suggest that the MMPI-2-RF validity scales can be used to screen for malingering, as they exhibited good sensitivity at lower cutoffs. The implications of these results and their use in forensic evaluations are discussed.     

Low-Level,but High Speed?: Assessing Pretrial Detention Effects on the Timing and Content of Misdemeanor versus Felony Guilty Pleas

Abstract

While numerous studies have examined pretrial detention and felony case outcomes, little empirical attention has been devoted to misdemeanor pretrial detention. We theorize that misdemeanants detained for a longer proportion of time will plead guilty quicker because the costs of fighting their charges in jail often outweigh the sanctions they face. Utilizing data on 165,630 felony and misdemeanor cases from Miami-Dade County, Florida, during a 4-year period (2012–2015) we assess whether the effects of pretrial detention length on the timing and content of guilty pleas differ across lower-level and upper-level courts. Survival analyses and multinomial logistic regressions indicate that misdemeanor cases overall and those involving lengthier pretrial detention are resolved faster, with most resulting in non-carceral sanctions such as credit for time served (CTS). Given that misdemeanors make-up the bulk of U.S. criminal cases, these findings reveal important insights about how pretrial detention impacts case-processing dynamics in lower courts.     

The deliveries cannot stop: Ecological (dis) advantages and socio-spatial safety tactics against predatory crimes among Brazilian couriers

In this article we discuss the reactions and responses of Brazilian motorcycle couriers (motoboys) to the risk of predatory crimes. We show that they work two simultaneous and overlapping “shifts”: the first involves carrying out their professional responsibilities, and the second, reducing the opportunities for victimization presented by those responsibilities. We analyse the socio-spatial tactics they adopt with a view to optimising security. These involve restricting their interactions and negotiations with neighbours and customers, as well as with criminals to guarantee that the deliveries are made and also to manage the various risks associated with working in different ecological areas. We explore the effect of these tactics on their activities, on labour relations and on attitudes to their customers in the delivery business. It concludes that both negotiation types point towards a process of expanding interactions, creating alternative distribution networks and seeking methods of protection against risks that cannot be overcome simply by the couriers protecting themselves.     

Bullying prevention programs: the importance of peer intervention, disciplinary methods and age variations

Objectives

The aim of this paper is to respond to the commentary of Peter K. Smith, Christina Salmivalli, and Helen Cowie (Journal of Experimental Criminology, 2012), who raise concerns regarding some of the findings of our systematic review and meta-analyses on the effectiveness of bullying prevention programs. They target three findings in particular: (1) the significant association of ??Work with Peers?? with greater victimization; (2) the significant association of ??Disciplinary Methods?? with less bullying perpetration and victimization; and (3) the age variations in effectiveness, suggesting larger effect sizes for older age students.

Methods

We provide explicit information and further detailed analyses on the relationship between these features and effect sizes, including heterogeneity tests and results from weighted regression analyses. For one element in particular (work with peers), we present further research findings from evaluations conducted by Smith, Salmivalli, and Cowie (and also findings from other independent researchers) which support our previous findings. New within-program analyses to examine variations in effect sizes with the age of the students are also presented.

Results

Evaluations conducted by Smith, Salmivalli and Cowie (and by other independent researchers) indicate the same research conclusions: although peer support schemes appear effective based on attitudinal surveys, these schemes are not related to actual levels of bullying or victimization and, in fact, are quite often related to an increase in bullying and victimization. Our definition of ??disciplinary methods?? did not include the zero-tolerance approach or any type of harsh discipline as suggested in the commentary. In all relevant cases, ??disciplinary methods?? included sanctions within a warm and loving framework, following the Olweus bullying prevention guidelines. While most programs that utilized firm disciplinary methods were inspired by Olweus, the relationship between disciplinary methods and less victimization was not driven by the Olweus program (which was not related to the victimization effect size). Larger effect sizes (i.e. reductions in bullying and victimization) for programs implemented with older students is a robust result also found in a more recent systematic review regarding the effects of anti-bullying programs on bystander intervention. In within-program analyses, most results suggested that effect sizes were greater for younger students, but these results were driven by the less controlled evaluations. The most controlled evaluation (randomized experiment) provided the opposite result.

Conclusions

More research is clearly needed on the effectiveness of bullying prevention programs with students of different ages, and we also recommend randomized experiments to assess the importance of different intervention components.     

Failing to tell friend from foe: A comment on Wijn et al. (2017)

Behavioural observation programmes are becoming increasingly popular at transportation hubs, sporting events, and other large crowd gatherings. Premise of these programmes is that malicious intention can be accurately deduced from observable behaviour. In a recent article published in this journal, Wijn et al. (2017, Legal and Criminological Psychology, 22, 378–399.) conclude that environmental cues improve the correct detection of participants with malicious intent. This conclusion can and will be interpreted as support for behavioural observation programmes. In this comment, we argue that Wijn and colleagues draw a fundamentally wrong conclusion from their data. What their data show is that malicious intentions could not be detected in any of the conditions. Their findings can therefore not be conceptualized as evidence for behavioural observation programmes. Rather, they add to the growing critique voiced towards such programmes.     

The MMPI-2 Symptom Validity Scale (FBS) is an Empirically-Validated Measure of Over-reporting in Personal Injury Litigants and Claimants: reply to William et al. (2009)

We respond briefly to Williams et al.'s (Psychological Injury and the Law 2:182–197, 2009) most recent effort to critique the MMPI-2 Symptom Validity scale, noting that the authors repeat many of the unfounded claims and conclusions of Butcher et al. (Psychological Injury and the Law 1:191–209, 2008) while ignoring and/or reflecting a misunderstanding of many of the points raised in our rebuttal. Rather than repeat our detailed responses to their initial review, we limit this comment to addressing new points Williams et al. (Psychological Injury and the Law 2:182–197, 2009) bring up and offer a succinct summary of the issues raised in this exchange.     

Identification of a forensic case using microscopy and forensically informative nucleotide sequencing (FINS): A case study of small Indian civet (Viverricula indica)

The exhibits obtained in wildlife offence cases quite often present a challenging situation for the forensic expert. The selection of proper approach for analysis is vital for a successful analysis. A generalised forensic analysis approach should proceed from the use of non-destructive techniques (morphological and microscopic examination) to partially destructive and finally destructive techniques (DNA analysis). The findings of non-destructive techniques may sometime be inconclusive but they definitely help in steering further forensic analysis in a proper direction. We describe a recent case where a very small dried skin piece (< 0.05 mg) with just one small trimmed guard hair (0.4 cm) on it was received for species identification. The single guard hair was examined microscopically to get an indication of the type of species. We also describe the extraction procedure with a lower amount of sample, using an automated extraction method (Qiagen Biorobot EZ1^®) and PCR amplification of three mitochondrial genes (16s rRNA, 12s rRNA and cytochrome b) for species identification. Microscopic examination of the single hair indicated a viverrid species but the initial DNA analysis with 16s rRNA (through NCBI BLAST) showed the highest homology (93%) with a hyaenid species (Hyaena hyaena). However, further DNA analysis based on 12s rRNA and cytochrome b gene proved that the species was indeed a viverrid i.e. Viverricula indica (small Indian civet). The highest homology shown with a Hyaenid species by the 16s rRNA sequence from the case sample was due to lack of a 16s rRNA sequence for Viverricula indica in the NCBI data base. The case highlights the importance of morphological and microscopic examinations in wildlife offence cases. With respect to DNA extraction technology we found that automatic extraction method of Biorobot EZ1^® (Qiagen) is quite useful with less amount of sample (much below recommended amount).     

A. P. Simester (ed): Appraising Strict Liability

The article is a review of A.P. Simester, ed., Appraising Strict Liability. We strongly recommend the book for the sophistication of the contributors’ analyses, and the contribution the book makes to clarifying the normative issues at stake in strict liability legal regimes. The review focuses on the more philosophical essays in the book. The specific issues from the book identified in the review are: the rights-based character of the prohibition on conviction without moral fault; the importance of the principle of proportionality; due diligence defences; the instrumental worth of strict liability in relation to quasi-criminal regulation; the faultiness of genuinely creating risks.     

Structured Assessment of Correctional Adaptation (SACA): a measure of the impact of incarceration on the mentally ill in a therapeutic setting

Clinicians have observed that psychiatric patients with correctional histories evidence attitudes and behaviors that seem adaptive in penal environments but are maladaptive in mental health settings. This study sought to assess the reliability and concurrent validity of a rating scale designed to measure correctional adaptation using a sample of 64 patients from a state psychiatric hospital. Scale ratings were obtained through structured interviews, whereas predictor variables were gleaned from chart review and self-report. The scale demonstrated good interrater reliability (ICC = .83) and acceptable internal consistency (alpha= .67). Of the variables evaluated, two were significantly correlated with Structured Assessment of Correctional Adaptation (SACA) total scores, total months sentenced to prison or jail (r = .26), and frequency of disciplinary tickets while in prison or jail (r = .31). Stepwise regression analyses revealed only the latter variable significantly predicted SACA score (R = .31), F(1, 58) = 6.27, p < .05. Clinical implications of these findings, the scale, and the construct of correctional adaptation are discussed.     

Mediators of the Relation Between Beliefs in a Just World and Emotional Responses to Negative Outcomes

Research shows that strong believers in a just world respond with less negative and more positive emotion to their own negative outcomes than do weak believers. The present study investigated mediators of this relation. We proposed that strong believers in a just world (versus weak believers) would make stronger internal and weaker external attributions for their negative outcomes, leading to reduced perceived unfairness, which, in turn, was expected to lead to less negative and more positive emotion. We assessed the just world beliefs of a sample of undergraduates as well as measuring their cognitive and emotional responses to an exam grade. Mediational analyses showed that our data were consistent with the processes proposed above. Various cognitive and motivational interpretations of the present findings are discussed