Forensic psychology is the application of psychological knowledge to problems encountered in the legal system. The ABPP Diploma has been recognized by judicial decisions, regulations, and statutes in some jurisdictions as the standard of professional competence in forensic psychology.

There are less than 230 Diplomates of Forensic Psychology in the United States, sixteen in Texas. The ABPP process entails verification of credentials, and requirements for specialized training, four years of forensic experience, submission of work samples, and passing an oral examination. There is no grandfathering. For more information see http://www.abfp.com/brochure.asp and http://www.abfp.com/pdfs/overview_ABFP.pdf.

Areas of expertise:

• Assessment of competency to stand trial (more information)

• Insanity defense/criminal responsibility (more information)

• Detection of malingering of mental illness and intellectual limitations (more information)

• Clinical assessment of personality, psychopathology, and intelligence (more information)

• DUI/DWI Standardized Field Sobriety Test (SFST) expert testimony (more information)

• Assessment of risk and dangerousness (more information)

• Eyewitness expert testimony (more information)

• Child custody evaluation (more information)

Assessment of competency to stand trial - In order to be competent to stand trial, a defendant must understand the proceedings and be able to assist in his defense. In order to validly waive constitutional rights, such as waiving the right to trial or to testify, he must be able to do so knowingly and intelligently. Assessment of competency to stand trial has sometimes been dismissed as a simple matter, but often it is not. The examiner must have knowledge not only of psychology/psychiatry, but also of the particular case, the court system and case law in the jurisdiction. Care must be taken not to undermine the defendant’s rights. Malingering is frequent and can seriously mislead examiners who are not prepared for this possibility. Several states, including Texas, have introduced new training standards for competency examiners. I have performed approximately 3400 evaluations of competency to stand trial, including several high profile capital murder cases. Read full article on Assessment of competency to stand trial

Insanity defense/criminal responsibility – The insanity defense requires the presence of a severe mental illness at the time of the offense. Depending on the jurisdiction, it must also prevent the person from knowing or appreciating the wrongfulness of the act, or prevent the person from controlling him/herself. As with competency to stand trial, the examiner must be knowledgeable about case law pertaining to issues such as amnesia and substance use, and must be prepared to thoroughly assess the possibility of malingering/faking. Read full article on Insanity defense

Detection of malingering of mental illness and intellectual limitations - Faking of impairment is a possibility any time there are rewards for doing so or undesirable consequences to avoid. Malingering (faking) is common among criminal defendants and personal injury plaintiffs presenting with mild head injury, PTSD, whiplash, chronic pain, and other conditions for which there are no objective medical tests, with recent estimates running 30-40%. Malingering can now be diagnosed with a high degree of certainty in many cases by psychologists with a combination of specialized tests, collateral sources, and detailed knowledge of the clinical features of relevant disorders. For an increasing number of conditions and diagnoses, specialized malingering/motivation tests have been developed. Read full article (criminal) (civil)

Clinical assessment of personality, psychopathology, and intelligence - There is much more to personality than psychiatric symptoms. I am an expert in one of the best tests of normal personality traits, the NEO Personality Inventory-Revised, and knowledgeable about a wide range of alternative tests (16 PF, PRF, JPI, BPI, CPI, MBTI, SPFQ, PDQ-R, MCMI-III, MACI, MMPI-2). Tests of psychiatric symptoms often have little to say about a person’s strengths, such as achievement focus, sense of humor, self-discipline, or generosity – all important aspects of personality.

Standardized Field Sobriety Test (SFST) expert testimony - The Standardized Field Sobriety Tests (SFSTs) are the roadside tests officers administer to suspected DUI/DWI drivers. They were developed under a government contract and have not been subject to formal peer review by scientists. The attached article discusses the many problems with these tests and was published in The Champion, the national publication for defense attorneys. I am a NHTSA certified SFST instructor and my article is cited on the National Association of State Judicial Educators http://nasjedui.unm.edu/Resources/?categoryID=10. As an SFST expert, I can review the arrest video to determine if the tests were administered correctly, and I can testify regarding the limitations in the development, validation, and interpretation of the tests. Read article on SFSTs EZ Calc for SFST accuracy and error rates (.xls file) and, Understanding SFSTs Accuracy and Error Rates

Assessment of risk and dangerousness – Psychologists have developed tools over the past 20 years to assess the risk of recidivism, violence, or future sexual abuse. Many are actuarial, in that they rely on demographic characteristics of the subject, their criminal history, and characteristics of the victim, added up or combined in a prespecified manner. Other risk factors pertain to personal qualities of the person being assessed, such as impulsivity. There are a variety of approaches and each assessment must be tailored to the demographics of the person being assessed and whether prediction of sexual or general risk is desired. Read full article on Assessment of risk and dangerousness

Eyewitness expert testimony – Mistaken eyewitness identifications are the leading cause of wrongful convictions according to the National Institute of Justice. Like a child’s account of sexual abuse, the eyewitness’s memory of the face seen at a crime is an extremely fragile piece of evidence that can be contaminated by careless questioning and procedures. Likewise, the eyewitness’s confidence can increase dramatically from the time of the original identification to the in court identification through a number of means, including feedback (“We found the gun on him.”), communications that the identification is vital to the case, and the eyewitness’s own inferences (Why would he/she be called to testify if his/her identification wasn’t right?) A through review of the police procedures and lineup materials is required in such cases, which is then compared with the standards laid out by the National Institute of Justice. Read full article on Eyewitness expert testimony

Child custody evaluation - Determining the best interests of a child in a custody dispute can be a challenging task. Psychological tests are often not helpful and have not been validated as measures of parenting. Thorough assessment may require extensive contact with collateral sources, particularly those that are not aligned with either side, and observation of parenting skills. Domestic violence allegations may need to be investigated, as DV is, in some jurisdictions, nearly dispositive of custody determination. Read fact sheet on Child custody evaluation

Steve Rubenzer, Ph.D., ABPP received his Ph.D. in Clinical Psychology at the University of Houston in 1990.

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