Malingering and Deception

in Chicago, Atlanta, and Fort Lauderdale

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Dr. Steven Gaskell at Psycholegal Assessments, Inc. offers psychological examination of Malingering and Deception, as well as other Psychological Evaluations and Forensic Psychological Evaluations. Most such assessments of Malingering and Deception are a routine practice utilized in various psycholegal assessments (e.g., competency to stand trial, criminal responsibility – insanity defense). Call us today at 630-780-1085 or 404-504-7039 or 954-332-3513 for a Free Consultation. Forensic Psychological Evaluations can be performed in Illinois, Georgia, Florida, and Arizona..

Psychologists are frequently asked to assist the courts in answering a psycholegal question. Such psychological assessment is subject to malingering or deception. Examinees may attempt to either fake good or fake bad in both the interview and testing. The forensic psychologist must always be wary of the examinee’s attempt to malinger due to the secondary gain present in most forensic assessments. For example, an individual charged with a crime may feign mental illness to avoid going to trial, or may fake or exaggerate symptoms in order to attempt to be found not criminally responsible and therefore, not guilty by reason of insanity (NGRI). Another instance in which an individual may attempt to feign mental illness is the evaluation of psychological damages in a personal injury lawsuit.

The psychologist needs to be able to recognize faked or exaggerated symptoms. Malingering is not necessarily an either-or situation. The psychologist must be able to distinguish the actual psychological impairment or suffering from exaggerated or feigned symptoms. The detection of malingering requires clinical acumen as well as sound psychological assessment and psychological testing. Psychologists need excellent clinical skills to detect the presence and extent of malingering during an evaluation and Dr. Gaskell has extensive experience in this area. Dr. Gaskell relies on a review of records for evidence or lack thereof of mental impairment or disability. He also relies on specialized psychological testing when conducting such an evaluation. Most of the psychological testing that is designed to detect malingering is based on the assumption that the examinee will exaggerate or produce symptoms not generally seen in clinical populations. Dr. Gaskell now has a clinical assessment and psychological testing protocol for the comprehensive assessment of possible malingering of Post-Traumatic Stress Disorder (PTSD), which is particularly useful in various psycholegal assessments.


Areas of Expertise


Competency to Stand Trial Psychological Evaluation - Psycholegal Assessments, Inc.
Competency to Stand Trial
Competency to Stand Trial, also known as Fitness to Stand Trial, is imperative for ensuring that a defendant can comprehend the nature and objective of the legal actions against them and actively cooperate with their defense attorney.
Sex Offender Psychosexual Evaluation
Psychosexual Evaluations
Psychosexual evaluations of sex offenders incorporate a comprehensive risk assessment utilizing actuarial instruments and other research-supported risk and protective factors. Notably, recidivism rates vary among sex offenders, with a significant portion never being re-convicted post-initial conviction.
Criminal Responsibility Psychological Evaluations - Psycholegal Assessments, Inc.
Criminal Responsibility
Criminal responsibility or sanity evaluations are critical when a defendant’s mental state at the time of committing an offense is in question. These evaluations can be initiated by the court, defense, or prosecution to establish a clear understanding of the defendant’s mental condition during the crime.
Independent Medical Examination Psychological Evaluation - Psycholegal Assessments, Inc.
Independent Medical Exam
An Independent Medical Exam is conducted by a psychologist without prior involvement in the individual’s care, ensuring an objective assessment without a therapist-patient relationship.
Miran
Miranda Rights & Confession Issues
The role of confessions and self-incriminating statements in criminal cases cannot be understated. Confessions are produced in about 50% of criminal cases, where suspects who provide self-incriminating statements are 26% more likely to be found guilty and convicted (Leo, 2006).
Malingering and Deception
Malingering and Deception
In the legal realm, psychological assessments can be compromised by malingering or deception, with individuals potentially presenting themselves dishonestly during interviews and tests to influence the outcome.
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Mitigating Factors
Mitigating factors consider the defendant’s mental state and historical mental disorders or psychological trauma, even when these do not qualify for an insanity defense, to argue for a reduced sentence. The contributions of evaluations and reports by experts like Dr. Steven Gaskell are vital for presenting such evidence.
Guilty But Mentally Ill Psychological Evaluation - Psycholegal Assessments, Inc.
Guilty But Mentally Ill (GBMI)
Introduced first in Michigan in 1975, the GBMI verdict was proposed to diminish the success rate of insanity defenses, offering a compromise verdict that, while seemingly compassionate, subjects the defendant to the same penalties as a guilty verdict.
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Forensic Psychologist, Dr. Steven Gaskell provides comprehensive, objective, thorough and credible forensic psychological evaluations for state and federal courts. He has over 25 years of extensive expertise as an expert witness in forensic psychology, has completed over 2700 forensic psychological evaluations and given expert witness testimony on over 185 occasions. Dr. Gaskell is credentialed by the National Register of Health Service Providers in Psychology and he is license eligible in all 50 states. Dr. Gaskell is currently a licensed psychologist in Illinois, Georgia, Florida, Arizona, and Kansas.

Evaluations can now be completed by videoconference through Doxy.me, which is as easy to use as Zoom, Skype or FaceTime, but is secure and HIPAA compliant and no app is necessary.

Video Conferencing Available!

Psychological evaluations are now able to be completed by HIPAA compliant video conferencing.
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