A Judge’s Guide

EXPERT HELP
the crack between data and opinion. In a poorly drafted report, the first thing that
may strike your eye is overinterpretation of the data. Perhaps the report describes
how a test revealed a tendency in the mother toward impulsiveness. The author
may leap from that result to a warning about how the mother’s impulsiveness
could endanger her daughter. An accurate interpretation, however, might be that
68% of people with the trait of impulsiveness are vulnerable to losing their
tempers when under pressure. The mother might not even fall within that
percentile, and there certainly would be nothing in the test result to indicate a
direct danger to the daughter. The APA guidelines specifically warn against
overinterpretation. 30
Short of becoming a psychologist, how does a judge open a door into the complex
world of psychological tests, at least wide enough to ask the right questions? Here
are four different ways to probe the relevancy of tests. All have been developed
by psychologists to increase the evidentiary value of tests. You may find one or
more compatible with your style of inquiry.
METHOD ONE: STANDARD INQUIRY. The usual formula is to inquire if each
test is standardized, reliable, and validated. Standardized means uniformity of
procedure in administering and scoring the test. The test’s manual will give exact
instructions for both. Scores are compared with “norms.” Norms are based on
populations who may take the test, for example urban blacks or children between
six and sixteen years. Age, gender, race, geographical, and socio-economic biases
may be found in the test. If the person tested is not represented in the norms, the
results may be flawed. 31
Reliable means consistency of scores obtained by the same person when retested or
given an equivalent test. A reliability coefficient is published for all widely
administered tests. A coefficient of 1.0 would be perfect reliability. Absence of
reliability would be .00. A reliability coefficient of at least .80 is recommended. 32
Validity is the degree to which a test measures what it purports to measure. A test
that has been in use for a long time, widely administered, and researched with
published results, as is true of the MMPI, would have an established validity. A
new test might be standardized and reliable, but not yet proved valid. 33
METHOD TWO: MERITS OF EACH TEST. Psychologist Kirk Heilbrun has
developed criteria that describe legal relevancy of test results in child custody
decisions. His criteria are gaining a foothold among custody evaluators. Several
of the criteria can be used by judges and lawyers to help discern the credibility of
test results. For example: 34
• The test must be commercially available and adequately documented in
two sources: (1) the Mental Measurement Yearbook 35 and (2) an
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