WATCH OUT FOR THE “PSYCHOPATHS” THE PSYCHOPATHY CHECKLIST-REVISED (PCL-R)©

By Eric Marcy |   Dec. 16, 2016


CHALLENGING SO-CALLED "OBJECTIVE" TESTING

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Topics : Mental Health, Criminal Law, Psychological Test, Parole, experts, Psychology | 0 Comments Read More

The Millon™ Clinical Multiaxial Inventory Testing The Use And Validity Of The MCMI-III™ In Court Cases

By Eric Marcy |   Feb. 4, 2016

The Millon Clinical Multiaxial Inventory III (“MCMI-III”™) is a popular assessment tool used by clinical psychologists, that has been in use since approximately 1977. This instrument has been the subject of many articles and books.[1] The theoretical basis derives from Millon’s theory of personality development, personality types, and personality disorders. The instrument relies on 175 “self-report” true false questions, which are dependent upon a subject’s self awareness and providing accurate responses to the questions. [2] Similar to other testing instruments the Millon attempts to build in validity scales to account for any misrepresentation of symptoms and attempts to “detect” "invalid profiles.”[3] The MCMI-III Manual itself specifically acknowledges “limitations and qualifications” regarding its use. The data derives from clinical sampling and “are applicable only to individuals who evidence problematic emotional and interpersonal symptoms or who are undergoing professional psychotherapy or a psycho diagnostic evaluation” and “the samples employed for such purposes are best drawn only from comparable clinical populations.” (T. Millon, R. Davis, P. Millon, , MCMI-III Manual, 2nd ed. (1997), at p. 6.[4] It “is not a general personality instrument to be used with normal populations or for purposes other than diagnostic screening or clinical assessment.”[5] Similar to the MMPI-2, the MCMI-III results may generate computer generated report, the manual itself cautions that “reading a computerized report is no substitute for clinical judgment. Only those trained in the limits of psychological tests are qualified to interpret them."[6] Read More

Topics : Criminal Defense, Division of Youth and Family Services (DYFS), Scientific Evidence, Criminal Law, Psychological Test, discovery, Eric Marcy, Parole, Domestic Violence, Division of Child Protection and Permanency (DCPP), Evidence, Healthcare, experts | 0 Comments Read More

The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System

By Eric Marcy |   Oct. 29, 2015

There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the nexus, proportionality, privileges, and the constitutional requirements that require that such intrusions be narrowly tailored.

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Topics : Community Supervision, Criminal Defense, Probation, Special Conditions of Supervised Release, Constitutional Rights, Criminal Law, Appeal, Due Process, Eric Marcy, NJ Criminal Justice Process, Parole, Federal Investigations, probation officer, probationer | 0 Comments Read More

MISUSE OF PSYCHOLOGICAL TESTS IN COURT

By Eric Marcy |   Jul. 7, 2015

THE MINNESOTA MULTIPHASIC PERSONALITY INVENTORY (“MMPI-2”)

CHALLENGING THE MMPI-2

The use of the MMPI-2 is not designed for specific forensic evaluations (i.e. evaluations for legal issues). The MMPI-2 is what is called “broad-band test.” That means it is a tool for general diagnosis. It is based upon test results taken from populations of individuals with already determined psychiatric diagnoses and personality traits to enable psychologists to test a subject and assist in rendering a diagnosis. Without a proper and fair clinical evaluation, the use of MMPI-2 by itself is an unreliable tool for forensic evaluations that present serious legal consequences.

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Topics : Criminal Defense, Scientific Evidence, Criminal Law, Parole, Health Care, Evidence | 0 Comments Read More

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