Performance Validity Testing in Justice-Involved Adults with Fetal Alcohol Spectrum Disorder

Abstract

Objectives: A number of commonly used performance validity tests (PVTs) may be prone to high failure rates when used for individuals with severe neurocognitive deficits. This study investigated the validity of 10 PVT scores in justice-involved adults with fetal alcohol spectrum disorder (FASD), a neurodevelopmental disability stemming from prenatal alcohol exposure and linked with severe neurocognitive deficits. Method: The sample comprised 80 justice-involved adults (ages 19–40) including 25 with confirmed or possible FASD and 55 where FASD was ruled out. Ten PVT scores were calculated, derived from Word Memory Test, Genuine Memory Impairment Profile, Advanced Clinical Solutions (Word Choice), the Wechsler Adult Intelligence Scale – Fourth Edition (Reliable Digit Span and age-corrected scaled scores (ACSS) from Digit Span, Coding, Symbol Search, Coding – Symbol Search, Vocabulary – Digit Span), and the Wechsler Memory Scale – Fourth Edition (Logical Memory II Recognition). Results: Participants with diagnosed/possible FASD were more likely to fail any single PVT, and failed a greater number of PVTs overall, compared to those without FASD. They were also more likely to fail based on Word Memory Test, Digit Span ACSS, Coding ACSS, Symbol Search ACSS, and Logical Memory II Recognition, compared to controls (35–76%). Across both groups, substantially more participants with IQ <70 failed two or more PVTs (90%), compared to those with an IQ ≥70 (44%). Conclusions: Results highlight the need for additional research examining the use of PVTs in justice-involved populations with FASD.

Understanding the Relationship between Fetal Alcohol Spectrum Disorder (FASD) and Criminal Justice: A Systematic Review

“…They described that only a few participants became involved with the justice and/or the legal system. A deficit in IQ was reported by Mullay et al, who described IQ values <70 in the FASD group [ 37 ]. These data were confirmed by Brownell et al [ 34 ].…”

The neurocognitive profiles of justice involved people with foetal alcohol spectrum disorder: A systematic review

“…A total of nine cross sectional studies involving 766 participants were included in the review. Of those, seven studies were conducted in Canada (Brintnell et al., 2019; Flannigan et al., 2019; Harker, 2014; McLachlan et al., 2019; Mullally et al., 2020; Xiao, 2018), and the other two in Australia (Bower et al., 2018). Only three studies involved youths aged 10–17 (Bower et al., 2018; Harker, 2014; Kippin et al., 2018).…”

“…The protocol for diagnosis of FASD is specified in eight studies, which either followed the Canadian (Chudley et al., 2005) or the Australian (Bower et al., 2017) diagnostic guidelines for FASD. Two studies (Kippin et al., 2018; Mullally et al., 2020) entailed secondary analysis of data from two of the other included studies (Bower et al., 2017; McLachlan et al., 2019). There was inconsistency in the reporting of comorbidities and medications; most of the included studied provided no data on these (Table 3).…”

Diminished culpability in fetal alcohol spectrum disorders (FASD)

“…During forensic evaluation, acquiescence bias can have a profound impact on self‐report accuracy in questionnaires and inventories as well as interviews. For example, Mullally, McLachlan, MacKillop, and Pei (2020) compared the validity of 10 commonly used performance validity tests (PVTs) in 80 justice‐involved adults, 25 with confirmed or possible FASD, and 55 where FASD was ruled out. Results indicated that compared to neurotypical participants, those with diagnosed and possible FASD were more likely to fail any single PVT and failed a greater number of PVTs.…”

“…Even if offense‐relevant information has been successfully stored, a need to access that information requires intact cause‐and‐effect reasoning and ability to make logical inferences about memories that are relevant to the offense. Notably, research shows that because of the widespread cognitive dysfunction in FASD, this population generally exhibits high rates of impairment on standardized testing of legal capacities relevant to interrogation and adjudication (Mullaly et al., 2020). For example, a study that addressed psycholegal abilities in young offenders with FASD (McLachlan et al., 2014) found that 90% of the study population showed impairment in at least one psycholegal ability.…”