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ARTICLE · 15 SEPTEMBER 2022

Many Forensic Psychologists Don't Use Evidence-Based Protocols

According to a study by psychologists and lawyers, up to 1/3 of forensic psychologists don't use evidence-based protocols for their evaluations. Even more distressing...

United StatesLaw Department Performance

According to a study by psychologists and lawyers, up to 1/3 of forensic psychologists don't use evidence-based protocols for their evaluations. Even more distressing is the finding that lawyers rarely challenge such untested procedures and courts even more rarely exclude the evidence. The researchers noted that their data "suggest that some of the weakest tools tend to get a pass from the courts."

In reaching that conclusion, the study's authors reviewed 22 surveys of psychologists about tools they use in forensics work, and chose 364 different assessment tools that the psychologists reported using. Most states now follow the federal Daubert standard for expert testimony, which standard requires that the proponent show a solid basis for the expert's opinion. Using that framework, the first part of the study analyzed those 364 tools in terms of general acceptance and whether the protocol had been subjected to testing. The researchers found that 10% of the tools

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