Milestone Four

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1 7-2 Final Project Milestone Four: Evaluation of Evidence Rheeann King Southern New Hampshire University PSY 626 Psychology in the Courtroom Professor Denise Antoon January 21, 2024

2 Milestone 4 Name : Doug X (Mr. X) Date of Birth: 9/18/1971 Chronological Age: 33 Date of Report: 5/12/2016 Assessment Tools Used: Review of Records Clinical Interview Minnesota Multiphasic Personality Inventory (MMPI-2) Substance Abuse Subtle Screening Inventory (SASSI-3) Inventory of Offender Risk, Needs, & Strengths (IORNS) Spousal Assault Risk Assessment Guide (SARA) Qualifications The FRE 702 Federal Rule of Evidence is the standard that courts use when it comes to determining the qualifications of expert witnesses. It states that witnesses should have the necessary skills and experiences to be considered experts. The process of testing experts involves evaluating the expertise of the individual, as well as the available scientific, technical, and specialized information. This helps the trier to determine if there is a problem with the evidence presented. They also look into the data and facts presented by the expert to ensure that they are reliable.

3 According to the APA, an expert should be able to understand the legal and professional standards and laws applicable to their work. In 2020, the APA noted that individuals who are experts should continue improving their skills and knowledge. These individuals must also meet specific criteria established by the FRE 702 regarding their qualifications. The purpose of this process is to make sure that the testimony that the expert provides is reliable and valid. Even though the testimony meets the requirements of the FRE 702, they still have to follow Daubert standards when it comes to applying scientific reasoning to the case. The Legal Information Institute has stated that there are various factors that can be considered when determining the validity of a technique or theory. These include the availability of peer-reviewed and published studies, the establishment and maintenance of scientific standards, and the potential error rate. The evaluator for the case, who was previously a PsyD holder from the Chicago School Of Professional Psychology, completed an internship and a doctorate degree in the field. After completing an internship, the evaluator was able to obtain a license to practice in Missouri and Illinois. She has experience working as a forensic psychologist for the US Department of Justice. She also worked at a medical school in Southern Illinois. This evaluator has extensive experience in providing evaluations on individuals, including juveniles and adults, in various court-ordered and private settings. She has also been certified as an expert witness. She has a background in conducting competency assessments, risk assessment, and sentencing assessments for adults and children. The evaluator can also help attorneys with their cases by analyzing reports and preparing a witness for testimony. For over ten years, she has been a volunteer court-appointed special advocate, also known as a Guardian Ad Litem. This role involves providing court-appointed experts with the necessary testimony to help the court make informed decisions regarding the children. Also, volunteer Guardian Ad

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4 Litem (GAL) or known by many courts as a Court Appointed Special Advocate (CASA) for over ten years. In this role, the evaluator has provided eyewitness testimony to the court on behalf of the children, advocates for the child or children's best interests in court, and speaks to the children's wishes to the court. Testimony The institute claims that testimony should be built on factual data and sufficient evidence. It should also be accompanied by reliable methods and be delivered by individuals with the necessary expertise and training. The data and evidence presented in this case were based on the principles and methodologies that are designed to meet the requirements of the Daubert standard and the FRE 702 criteria. Specialists within the forensic field must ensure that they use the most appropriate techniques when performing examinations, treatments, and consultations. The case was evaluated using psychological tests and assessments that were designed to evaluate the participants. The results of the research were then analyzed and established according to the standards of reliability established by the Mayo Clinic. In its 2019 publication, the clinic noted that cognitive behavioral therapy can help people improve their relationship skills and manage their emotions. The APA supports the use of CBT for treating various mental disorders, as it has been shown that this treatment can be performed successfully. In addition, the evidence presented in this case has shown that it meets the requirements of the standards established by the Daubert standard and also the requirements of the FRE 702. The case of Mr. X is mainly influenced by cognitive theory and CBT due to his irrational ideas. The concept of social learning is focused on the importance of modeling, observing, and assessing the behavior, attitudes, and emotions of others. It states that both cognitive and

5 environmental factors can affect people's learning and behavior. This theory can be applied to Mr. X since he has a history of interacting with people who have histories of substance abuse or domestic violence. Due to his classification as a type 2 therapeutic risk, it is believed that he has a complex personality. Understanding his childhood could help us understand how he acts and why he does what he does. Evidence The CAGE-AID, a drug area analysis tool, can help clinicians identify individuals who are prone to substance abuse. It can also help them identify those with a serious problem. This is a Daubert-compliant test that's widely used by the scientific community. The goal of these intervention programs is to help abusive partners recognize and manage their negative thoughts. They also help them interrupt their negative self-talk to prevent further abuse. CBT is a type of therapy that's designed to help individuals develop alternative ways of behaving and thinking. It's based on the idea that people's actions and thoughts can trigger certain feelings, and Mr. X's behavior is mainly influenced by CBT and cognitive theory. Social learning is a concept that focuses on the evaluation and modeling of how others behave. According to this theory, environmental and cognitive factors can affect an individual's behavior and learning. This concept can also be applied to Mr X, as he's known to interact with people who have had domestic violence or substance abuse problems. Due to his type 2 therapeutic risk rating, it's believed that he has an unusual personality. Theory According to the Social Learning Theory, most of the behaviors that people exhibit are learned through observation and the modeling of their environment and surroundings. In 2012,

6 Ali Nabavi stated that Bandura's theory covers both the behavioral and cognitive aspects of learning. In 2014, Chandler noted that betas have a tendency to have volatility and low threat control. The concept of the risk typology theory is used to develop recommendations that are based on the facts and procedures of the case. The baseline for this process was the FRE 702. This was established to ensure that the provided evidence was based on valid research methodologies and principles. The expert was then responsible for applying the principles and methods in the context of the case. The theories are guided by the recommendations, assessments, and testimonies provided by the evaluators, which are based on the facts provided. CBT is a cognitive therapy method that helps individuals develop alternative ways of behaving and thinking. It is based on the idea that people's irrational ideas can trigger certain responses. For instance, Mr. X's behavior was heavily influenced by CBT and cognitive theory. Social learning refers to the study of how people interact with one another. According to this theory, environmental and cognitive factors can affect an individual's behavior and learning. For instance, Mr. X has a history of dealing with people who have substance abuse problems. Because of his type 2 therapeutic risk rating, it's believed that he has an unusual personality.

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7 References American Psychological Association. (2020). Specialty guidelines for forensic psychology. https://www.apa.org/practice/guidelines/forensic-psychology.aspx . Beck Institute. (n.d.). History of Cognitive Behavior Therapy. https://beckinstitute.org/about- beck/team/our-history/history-of-cognitive-therapy/ Chandler, D. (2014). The Therapeutic Risk Typologies. The Essentials of Forensic Family Psychotherapy: A Brief Guide to Investigative Narrative Analysis (2nd. ed). Morrisville,NC: Lulu Press.http://snhumedia.snhu.edu/files/course_repository/ graduate/psy/psy622/therapeutic_risk_typologies. Pdf Legal Information Institute. (n.d.). Daubert Standard. https://www.law.cornell.edu/wex/daubert_standard Legal Information Institute. (n.d.). Rule 702. Testimony by Expert Witness. https://www.law.cornell.edu/rules/fre/rule_702 Mayo Clinic. (2019). Cognitive Behavioral Therapy. https://www.mayoclinic.org/tests- procedures/cognitive-behavioral-therapy/about/pac20384610 Nabavi, R. T. (2012). Bandura's social learning theory and social cognitive learning theory. https://www.researchgate.net/publication/267750204_Bandura %27s_Social_Learning_Theory_Social_Cognitive_Learning_Theory

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