Richard Rogers

• Doctor of Philosophy
• University of North Texas

The field of psychological injury and law involves forensic assessments of disability and related referral questions. This article examines ethics for practice and court in forensic disability and related assessments (FDRA). Specifically, it examines ethical statements published in the psychological field. In addition, it examines multiple testing...

The estimated base rate or prevalence of malingering and related attributions, for example, invalid response set, is a critical issue in forensic disability and related assessment (FDRA). There are two major estimates in the field on the question: 40 ± 10% and 15 ± 15%. We analyzed the existing literature on studies that addressed the question in f...

Psychological injuries refer to diagnoses and conditions that are contentious in court and related venues, such as posttraumatic stress disorder (PTSD), chronic pain, and mild traumatic brain injury (MTBI). Forensic disability and related assessments (FDRA) must determine whether an examinee has engaged in malingering or related attributions, inclu...

Malingering and related attributions, including invalid response set, are critical issues in forensic disability and related assessments (FDRA). In particular, the first chapter on the topic in the handbook focused on definitions, psychological tests to use, failure criteria, and base rates. This second chapter considers factors that influence base...

Historically, racial-ethnic identities were considered peripheral to forensic evaluations. In the last several decades, however, forensic practitioners developed a fuller appreciation regarding the richness and complexity of intersecting identities including race and gender. The first major section of his chapter addresses in depth on how culture h...

This chapter applies the Standards for Educational and Psychological Testing as a framework for understanding the test validity of psychological measures. It also focuses on several Supreme Court decisions that address the Daubert standard and the pivotal role of measurement error in forensic assessments. The next major section focuses on the devel...

This first Handbook on Psychological Injury and Law covers a vast array of topics, and the general foci of the field are highlighted in this first chapter of the book. The chapter defines the term psychological injury and gives multiple ways that forensics, the law, and court are implicated in the working of the field. Psychological injuries are ge...

This article on malingering-related topics in forensic and disability-related assessments (FDRA) examines malingering “detection” systems, such as the malingered neurocognitive dysfunction (MND) system, and its revision. The article examines, as well, the malingered pain-related disability (MPRD) detection system. We conclude that none of these sys...

The field of psychological injury and law is marked by use of psychometrically sound validity tests that use empirically derived cut scores to determine the credibility of cognitive deficits and psychological symptoms in forensic and related disability assessments (FDRA). Performance validity tests (PVTs) are used in neuropsychological/cognitive as...

This second article of two articles on the base rate of invalid response set in forensic disability and related assessments (FDRA) concentrates on presenting in depth the 118 studies found on the question after an exhaustive literature search. The articles are presented in tabular format, including for their samples, procedures, performance and sym...

Competent forensic practice has required continued training and professional practice in differentiating between genuine and malingered presentations, especially within the spectrum of psychotic disorders. Historically, practitioners valued racial, ethnic, and cultural differences but often considered them as peripheral matters. In contemporary for...

Forensic practitioners must shoulder special responsibilities when evaluating over‐stated pathology (e.g., malingering) as well as simulated adjustment. Such determinations may modify or even override other clinical findings. As a result, practitioners must be alert to their own misassumptions that may unintentionally bias their conclusions about r...

The US population of immigrants and refugees has steadily increased, as have efforts to curtail their numbers via detention and deportation. Critically, forensic evaluations for immigration courts have reflected a burgeoning specialty of both empirical scholarship and professional practice. In recognizing the growing role of forensic practitioners...

Race and ethnicity within psycholegal research have often been treated as nominal variables which ignores their rich within-cultural diversity and can sometimes lead to sweeping pejorative conclusions (e.g., higher prevalence of arrests). The development of several salient measures of racial-ethnic attitudes—such as the CERIS-A and MEIM—has sparked...

Despite a rich and turbulent history spanning several centuries, malingering continues to be a controversial and neglected clinical condition that has significant implications for medical, social, legal and insurance interests. Estimates of malingering - the wilful, intentional attempt to simulate or exaggerate illness in the pursuit of a conscious...

Most studies of feigned mental disorders represent broad-based investigations of grossly exaggerated if not outright fabricated clinical presentations. In contradistinction, the current study was sharply circumscribed on “intensification of impairment” (IOI) malingering. With its laser focus on feigned impairment only, could any detection strategy...

Forensic evaluations have advanced considerably with the development of specialized measures validated on forensic and correctional samples. Prior to this progress, such evaluations relied heavily on extrapolations from general psychological tests to crucial, legally relevant questions. Since then, decades of empirical work have produced forensic a...

Custodial suspects must be informed of their Miranda rights (Miranda v. Arizona, 1966) prior to police questioning. Since this landmark decision, scholars have rigorously studied Miranda comprehension and reasoning among vulnerable groups including those with intellectual disabilities (ID). However, the focus on ID has left arrestees with limited c...

The field of psychology–law is extremely broad, encompassing a strikingly large range of topic areas in both applied psychology and experimental psychology. Despite the continued and rapid growth of the field, there is no current and comprehensive resource that provides coverage of the major topic areas in the psychology–law field. The Oxford Handb...

The global pandemic has disrupted virtually all countries on health, psychological functioning, and economies, to name a few. Accurate information has also fallen victim to the pandemic, which has been rife with misinformation and conspiracy theories. The current study investigated Covid-19 deceptions related to employment. With complete anonymity...

Umbrasas briefly mentioned established models of malingering that sought to understand the driving motivations for feigning mental disorders. He used these models as a point of departure to consider the unique experiences and enduring challenges of active and retired servicemembers. For military malingering, he identified acute distress malingering...

Criminal defendants have a 6th Amendment right to an impartial jury, but customary methods of jury selection often fail to uncover deeply held juror attitudes. Addressing the death penalty as a polarizing issue, the Juror Questionnaire of Values and Viewpoints (JQVV) was validated and cross-validated with two separate MTurk studies of capital jury-...

The American Bar Association (ABA) filed an amicus brief1 in the Boston Marathon bombing case that took direct aim at current jury selection procedures within the context of highly publicized capital trials. It strongly recommended that knowledge about the case, including pretrial publicity, be carefully investigated. Moreover, the brief flatly sta...

In the field of substance use (SU) assessment, most measures are face-valid and thus warrant serious concerns over their vulnerability to positive impression management (PIM) in non-disclosing examinees. To address PIM, two specialized measures with validity indicators based on detection strategies were empirically evaluated: (a) the Adult Substanc...

Primary care physicians (PCPs) often daily address diagnoses and treatment of mental disorders in their practices. The current study examined the Connected Mind Fast Check (CMFC), a two-tiered electronic screen, assessing six common mental disorders. The eight-item Initial Screen assesses possible symptoms, whereas SAM modules establish provisional...

Forensic practitioners face continuing challenges in differentiating factitious presentations from malingering, which may be particularly salient in civil forensic cases. In striking contrast to malingering, very little research has studied factitious psychological presentations (FPPs). To address this virtual void, the Inventory of Self and Interp...

The current study represents the first investigation into feigned Miranda abilities using an inpatient population. We investigated the use of a very generic measure (i.e., the Structured Inventory of Malingered Symptomatology, or SIMS) as well as two specialized forensic feigning measures: the Miranda Quiz (MQ) and Inventory of Legal Knowledge (ILK...

Malingered attention-deficit hyperactivity disorder (ADHD) may be strongly motivated on college campuses by recreational use of ADHD medications and to obtain unwarranted academic accommodations. Rather than rely on face-valid (easily faked) ADHD checklists, the study focused on the more complex Wechsler Adult Intelligence Scale–Fourth edition (WAI...

Large, systematic investigations of Miranda warnings have evidenced remarkable heterogeneity in length and reading level across American jurisdictions. For Spanish translations, marked disparities were found when compared to the original-English Miranda warnings including awkward wording, mistranslations, and even the complete omission of crucially...

Psychological assessments can be essentially invalidated by examinees’ intentional response styles, such as feigning (i.e., fabrication or marked overreporting of symptoms/impairment) and defensiveness (i.e., denial or minimization of symptoms/impairment). As a psychometric strength, the Personality Assessment Inventory (PAI) has established validi...

Over the last several decades, the Minnesota Multiphasic Personality Inventory-Adolescent (MMPI-A) has continued to be the most extensively studied and commonly used adolescent assessment measure (Archer and Newsom 2000). Most recently, the MMPI-A was substantially revised resulting in the Minnesota Multiphasic Personality Inventory-Adolescent-Rest...

This commentary reviews and critiques three recent SIRS/SIRS-2 comparison studies that reported strongly worded criticisms of the SIRS-2 and appeared to conclude that the original SIRS was far more accurate than its revision. Research designs and methodological considerations for replication research are outlined, and these comparison studies are s...

The Sixth Amendment right to an "impartial jury" should guarantee fundamental fairness that in capital cases may literally be a matter of life and death. For ecological validity, the current study focuses on capital jury questionnaires (CJQs) employed in actual death-penalty cases. Study I examined 248 undergraduates and their responses to death-pe...

The capacity of arrestees to comprehend their Miranda rights adequately and to waive them intelligently remains largely unexamined by most defense attorneys and forensic practitioners. Although much is now known about Miranda comprehension, only recently has forensic research emerged on Miranda reasoning. This archival study utilizes an extensive d...

Forensic assessments continue to grow exponentially from international and transcultural perspectives. As a result, psychological measures are increasingly translated and adapted from their original (source) language to targeted languages. This article begins with broad conceptual issues before proceeding to specific applications. It examines the p...

Forensic practitioners are regularly called on to conduct highly consequential evaluations of risk for recidivism and violence. Accordingly, numerous specialized risk assessment measures have been developed to evaluate an array of relevant variables. As one conceptual approach, the Psychological Inventory of Criminal Thinking Styles (PICTS) assesse...

The professional resources of the juvenile justice system are often strained by the large influx of newly detained juveniles on a daily basis. Mental health professionals in these facilities face the crucial but time-consuming responsibility of rapidly identifying those with pressing clinical needs. For this purpose, the Massachusetts Youth Screeni...

The Supreme Court of the United States in Miranda could never have imagined the profound misconceptions that have arisen about the five components of Miranda warnings and the three prongs of Miranda waivers. Although virtually everyone can confidently recite “you have the right to remain silent,” some arrestees believe in the stunningly false dicho...

This chapter adopts a “nuts-and-bolts,” highly practical approach to Miranda evaluations. Providing forensic services with an easily understood structure is vitally important, because even seasoned criminal attorneys may scarcely have considered Miranda issues, despite decades of practice. In light of widespread “professional neglect” by lawyers, p...

This chapter provides detailed outlines for the effective communication of clinical and forensic findings as they relate to Miranda issues. Readers will learn to write thorough, well-balanced reports that can guide criminal attorneys step-by-step through sometimes intricate findings. As discussed in Chap. 2, legal strategies may extend far beyond s...

This chapter provides an overview of Miranda v. Arizona and other appellate cases of significance for the proper and effective performance of Miranda evaluations. Its focus identifies and supplements the legally oriented knowledge base needed by forensic practitioners in evaluating Miranda warning content, Miranda rights knowledge, as well as the v...

This chapter emphasizes ecological validity so that Miranda evaluations give full consideration to real-world circumstances within the boundaries of professional ethics. For Miranda comprehension, recall and understanding can often be tested via recordings by law enforcement and the advisement, pre-waiver interactions, and the subsequent waiver. Mi...

This book’s overriding objective is to convey how to conduct Miranda evaluations and consultations. Nonetheless, Miranda-experienced forensic psychologists and psychiatrists carry additional professional responsibilities for the further education and training of practitioners who seek to broaden their forensic competencies, and, this book is also d...

As a Constitutional safeguard, the validity of Miranda decisions is only considered when detainees have waived their Miranda rights. Pragmatically speaking, such waivers are almost never examined unless they are coupled with damaging self-incriminations. A careful analysis of waiver decisions integrates Miranda comprehension and reasoning within a...

This innovative book provides both the conceptual framework and clinical methods needed to appropriately handle problems that arise in the administration of Miranda warnings and waivers. Largely overlooked for decades, Miranda rights have been compromised in multiple ways, and in millions of cases. For example, each year, thousands of adult arreste...

Research has consistently shown that mental disorders are associated with higher levels of experienced stigmatization than those encountered for physical illness. However, few studies have systematically evaluated internalized stigma and discrimination for patients with maladaptive and socially undesirable personality traits. With the emerging DSM–...

Practitioners and researchers have long been challenged with identifying deceptive response styles in forensic contexts, particularly when differentiating malingering from factitious presentations. The origins and the development of factitious disorders as a diagnostic classification are discussed, as well as the many challenges and limitations pre...

Psychological assessments of Attention Deficit/Hyperactivity Disorder (ADHD) must consider possible feigning of ADHD symptoms and simulated deficits on attentional measures. Studies have consistently found that motivated examinees can easily feign ADHD with little research focused on its detection. Via a between-subjects simulation design, the curr...

Internationally, millions of arrests occur each year, but very little is known about how suspects are informed regarding their rights as the accused and whether these rights are accurately understood. Concerns regarding accurate comprehension are further heightened for suspects with severe mental disorders (SMDs). In the United States alone, it is...

The Personality Assessment Inventory (PAI; Morey 1991, 2007) was designed to evaluate patterns of psychopathology utilizing validity, clinical, treatment, and interpersonal scales. Its psychometric strengths include easily read items, gradations of responses, and extensive validation. The primary focus of the current study is to examine item-level...

Accurate interpretations of psychological assessments rely heavily on forthright reporting. However, researchers and practitioners recognize that examinees can easily invalidate their test results by underreporting symptoms or overstating positive attributes. Rogers (2008) delineated two distinct but related forms of positive impression management...

Forensic studies have almost entirely neglected research on adolescent offenders and their abilities to engage in malingering and other forms of deception. The present research represents the first empirical investigation into feigned Miranda-specific impairment by legally involved juveniles. Feigners (n = 62) were compared with archival data (n =...

The Miranda Rights Comprehension Instruments (MRCI) are intended to be administered to legally involved youths in a setting free from distractions and stressors with the explicit goal of assessing the examinee's best understanding. However, marked disparities have been observed between juveniles' MRCI performance and their unassisted recall of a re...

Knowing and intelligent Miranda waivers remain the cornerstone of our 5th Amendment right against self-incrimination in the United States. Until recently, however, Miranda-related research and practice have focused almost entirely on comprehension of proffered warnings and waivers as opposed to identifying ingrained misconceptions that affect how d...

Forensic assessments must always consider whether examinees are putting forth genuine effort or seeking to feign legally relevant incapacities. Miranda abilities are no exception when a putatively invalid Miranda waiver might result in the full suppression of an outright confession. Using a within-subjects simulation design, jail detainees were adm...

A cornerstone of forensic assessments involves the assessment of response styles, including feigning and malingering. As a forensic relevant instrument (FRI), the Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) contains embedded overreporting scales that cover the three major domains: feigned mental disorders (i.e., F-r...

Recognized for nearly four decades, most juvenile suspects waive their Miranda rights and almost immediately provide self-incriminating evidence. Miranda-specific measures were eventually developed to understand their capacities and limitations. With extensive revisions, the Miranda Rights Comprehension Instruments (MRCI) were normed and validated....

Each year, thousands of juveniles in custody waive their Miranda rights and promptly provide self-incriminations without the benefit of counsel. Defense attorneys and other members of the court often remain simply unaware of how many of these pivotal waiver decisions are effectuated. This translational article seeks to illuminate for lawyers and th...

Psychological assessments are highly dependent on the forthrightness and sincere efforts of examinees. In particular, evaluations in forensic settings must consider whether feigning or other response styles are utilized to intentionally distort the clinical presentation. The current study examines the effectiveness of the Inventory of Legal Knowled...

In forensic contexts, an increased prevalence of feigned symptom presentations should be expected, although it will probably vary by the context and specific forensic issue. Forensic experts should examine this possibility proactively while maintaining a balanced perspective that actively considers clinical data for both feigning and genuine respon...

Most juvenile arrestees in custodial settings waive their Miranda rights almost immediately, and many then provide incriminating statements, if not outright confessions. Forensic practitioners are then asked to provide retrospective determinations regarding whether these waivers were effectuated knowingly, voluntarily, and intelligently. At present...

Juvenile suspects are routinely expected to possess an accurate recall of written or oral Miranda warnings. This study addresses the Miranda-related comprehension recall and reasoning of legally involved juveniles. It is the first juvenile research to compare systematically two levels of complexity for Miranda warnings with the three modalities (or...

In the wake of countless police dramas, commonly held misperceptions endure that the American public knows both Miranda warnings and concomitant rights. Past research has tested public knowledge of Miranda per se, without evaluating additional misconceptions. The current investigation utilizes the European Union's much more all-encompassing safegua...

Nationwide, law enforcement professionals have endured increasing scrutiny regarding their treatment of custodial suspects and their alleged abridgement of suspects’ Constitutional rights. At the same time, in the interests of community safety, many members of the public fully expect police officers to function efficiently in arresting and facilita...

Risk assessments for offenders often combine past records with current clinical findings from observations, interviews, and test data. Conclusions based on these risk assessments are highly consequential, sometimes resulting in increased criminal sentences or prolonged hospitalization. Therefore, many offenders are motivated to intentionally minimi...

Millions of custodial suspects waive their Miranda rights each year without the benefit of legal counsel. Miranda understanding, appreciation, and reasoning abilities are essential to courts' acceptance of Miranda waivers (Grisso, 2003; Rogers & Shuman, 2005). The question posed to forensic psychologists and psychiatrists in the disputed Miranda wa...

Psychopaths have long been characterized as having a remarkable disregard for the truth, to the extent that deceit is often regarded as a defining characteristic of the syndrome (Porter and Woodworth 2006). Although the PCL-R is considered the general standard for evaluating psychopathy, self-report measures have become more widely available and re...

Malingered posttraumatic stress disorder (PTSD) poses a formidable clinical challenge because of the apparent ease in feigning PTSD. As an additional confound, some patients with genuine PTSD produce elevated profiles on feigning indicators that are difficult to distinguish from feigned PTSD. The current study utilized 109 inpatients from a trauma...

The incapacity of individuals to experience empathy has long been linked to heightened risks of antisocial acts being perpetrated without remorse. Psychologists frequently consider deficits in empathy in the context of risk assessments and other clinical appraisals, such as the amenability to treatment. When evaluated, offenders—especially those wi...

Time-efficient screens for feigned mental disorders (FMDs) constitute important tools in forensic assessments. The Structured Inventory of Malingered Symptomatology (SIMS) is a 75-item true–false questionnaire that has been extensively studied as an FMD screen. However, the SIMS scales are not based on established detection strategies, and only its...

To guard against coerced self-incrimination, the Supreme Court of the United States outlined in Miranda v. Arizona (1966) what arresting officers must convey to custodial suspects for resulting statements to be admissible into evidence. During the ensuing decades, the Court has continued to grapple with the requisite wording and practical enforceme...

The Supreme Court of the United States has long recognized that the vulnerabilities of juvenile offenders merit special protections due to deficits in experience and maturity. Appellate courts assume that Miranda warnings will inform juvenile suspects of their Miranda rights, and allow them to render knowing and intelligent waivers. This study exam...

Appraisals of substance abuse often constitute a key component of psychological assessments affecting both diagnostic and treatment issues. Because of negative consequences, many substance users engage in outright denials and marked minimization regarding their drug use. Psychological measures, especially those with transparent items, are highly vu...

Antisocial personality disorder (APD) and psychopathy have been extensively researched in relationship to criminal behavior and aggression. Comparatively few studies have evaluated these clinical constructs for subtypes of aggression, specifically reactive and instrumental aggression. Moreover, published studies tend to focus on extremes, either pr...

Miranda warnings are the Constitutional keystone in protecting the right of custodial suspects against self-incrimination. Although deeply embedded in police practices and popular dramas, a fair question is whether these warnings have outlived their usefulness. If the public is already conversant with the Miranda warnings, then such advisements may...

In Miranda v. Arizona (), the Supreme Court of the United States required that custodial suspects be apprised of their Constitutional rights against self-incrimination. The Court could not have anticipated the rampant popularization of Miranda warnings in subsequent movies and television dramas. Influenced by public media, many arrestees assume tha...

This online resource for mental health practitioners presents a variety of information required in daily practice in one easy-to-use resource. Covering the entire spectrum of practice issues–from diagnostic codes, practice guidelines, treatment principles, and report checklists, to insight and advice from today's most respected clinicians–this peer...

PurposeThe current study focuses on the development and validation of the Decisional Balance Scale for Adolescent Offenders (DBS-AO). This measure was designed to systematically evaluate adolescent offenders’ motivation to end or maintain their criminal behaviors, a critical yet missing component for most assessment measures and treatment programs...

A major strength of the Personality Assessment Inventory (PAI) is its systematic assessment of response styles, including feigned mental disorders. Recently, Mogge, Lepage, Bell, and Ragatz developed and provided the initial validation for the Negative Distortion Scale (NDS). Using rare symptoms as its detection strategy for feigning, the usefulnes...

This book provides a clear and concise outline of the clinical methods employed in the assessment of criminal responsibility. These clinical methods are framed by insanity standards and relevant case law. To achieve its goals, the book is organized into 2 major parts. Part I provides a conceptual basis for understanding (1) the insanity defense and...

Diversion programs for offenders with mental disorders typically focus on early intervention as the ideal avenue for redirecting individuals from the criminal justice system. Although this approach is advantageous in many respects, sentenced offenders on probation have few available options for the intensive treatment provided by such programs. ATL...

Research on feigned mental disorders indicates that severe psychopathology coupled with significant trauma histories often complicate feigning determinations, resulting in inaccuracies on otherwise effective measures. As part of malingering assessments, the Personality Assessment Inventory (PAI) is often used because of its excellent validation and...

The American Bar Association, via its newly adopted policy, seeks fundamental changes in procedural justice with respect to juvenile Miranda warnings. It calls for understandable Miranda warnings to educate youth in custody regarding the relevant Constitutional protections. In surveying prosecutors and public defenders, the authors collected 293 ju...

Television and other media inundate Americans with innumerable yet fragmentary examples of Miranda warnings; however, familiarity born of repeated exposures cannot be equated with accuracy or understanding. The intended purpose of these warnings is to inform and caution rather than to pacify and reassure--a purpose that cannot be realized when most...

We appreciate Boone’s (2011, this issue) critique of Rogers, Bender, and Johnson’s (2011, this issue) analysis of the Malingered Neurocognitive Dysfunction (MND) criteria. She raised good points and appeared in general agreement regarding several crucial limitations of the MND model. However, Boone remained mostly silent on several issues including...

Programmatic research has made important advances during the last decade in understanding how cognitive and psychological variables affect Miranda comprehension and reasoning. However, the effects of situational stressors are largely overlooked in determining the validity of Miranda waivers. As the first systematic investigation, this study uses a...

The MMPI and MMPI-2 validity scales have long been accepted as standard tools in the assessment of feigned mental disorders (FMD) based on their extensive empirical validation. Studies are now examining MMPI-2-RF with modified validity scales plus the new Infrequent Somatic Responses Scale (FS) and the recently-adapted Response Bias Scale (RBS). Th...

The current threat of global terrorism has sparked a renewed interest in the development of more effective methods for the detection of deception. In the United States, the American Psychological Association (APA)—spurred by torture allegations involving terrorist suspects—established guidelines for professional practice regarding investigative met...

Forensic neuropsychology continues to grapple with critical determinations of response styles, including the assessment of malingering. The development of the Malingered Neurocognitive Dysfunction (MND) model has been highly influential for both feigning research and neuropsychological practice. In striving to be a comprehensive model of malingerin...

The landmark case of Miranda v. Arizona (1966) affirmed that custodial suspects must be advised of their Constitutional rights; however, the language of Miranda warnings is not standardized, and marked variations continue to be observed across jurisdictions. Following Miranda, additional Supreme Court decisions—for example, Rhode Island v. Innis (1...