Abstract
This retrospective study reports on (a) the prevalence of malingering in a sample of 20 homicide defendants seen in jail settings for criminal responsibility evaluations, and (b) the feasibility of the Schedule for Nonadaptive and Adaptive Personality (SNAP) for malingering detection in this sample. Based on previous non-clinical simulation research, it was hypothesized that the SNAP validity scales would predict group membership for homicide defendants malingering psychopathology. Those with intellectual disabilities or psychotic disorders were excluded. Diagnostically, nearly one half of the sample had Diagnostic and Statistical Manual of Mental Disorders (4th ed., text rev.; DSM-IV-TR) personality and substance use disorders. Point prevalence of malingering was 30%. Using the criterion of any SNAP validity scale score in the clinical range ( T ≥ 65), a reasonable sensitivity was demonstrated in the detection of malingering (83%), yet this outcome was hindered by a high false positive rate (64%). This study suggests further exploration of the SNAP for assessing malingering in forensic populations is warranted.
Highlights
During criminal forensic assessment, it is essential to always consider the possibility that defendants are malingering psychopathology, that is, intentionally producing false or grossly exaggerated mental illness symptoms in pursuit of external incentives (American Psychiatric Association [APA], 2013)
Our present study examining the Schedule for Nonadaptive and Adaptive Personality (SNAP) is consistent with these aims in that we examined in a novel fashion a clinical personality instrument that has a broad spectrum of validity scales, potentially bridging clinical and malingering assessment goals
The DEV scale, which measures the extent to which a respondent answers in an atypical, deviant manner, and may indicate a “fake bad” response style when elevated, was of minimal usefulness in identifying malingering in this sample. It was positive (T-score ≥ 65) in just one of the six malingering cases, and positive in five of the 14 cases that were not classified as malingerers. This exploratory, retrospective study examined the frequency of malingering in 20 pretrial homicide defendants undergoing criminal responsibility evaluations
Summary
During criminal forensic assessment, it is essential to always consider the possibility that defendants are malingering psychopathology, that is, intentionally producing false or grossly exaggerated mental illness symptoms in pursuit of external incentives (American Psychiatric Association [APA], 2013). Being on the alert for malingering is all the more relevant when evaluating defendants accused of serious crimes, such as murder, given the harsh consequences they face if successfully prosecuted (Myers et al, 2013). The prospect of lengthy prison sentences, life imprisonment, or even execution in those states with the death penalty can be a powerful incentive for defendants to falsely produce or embellish mental illness symptoms. Undetected malingering inflicts serious safety, justice, and financial consequences upon society. The administration of justice is hijacked when malingerers avoid criminal conviction through specious mental health defenses and divert valuable, limited treatment-based rehabilitation resources away from those who lack criminal responsibility due to genuine psychopathology (Frederick, Crosby, & Wynkoop, 2000)
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