Detection of Cognitive Malingering or Suboptimal Effort in Defendants Undergoing Competency to Stand Trial Evaluations

Abstract

The present study evaluated the usefulness of two popular tests of cognitive malingering in a real-life forensic setting. Only 25 of 166 defendants referred for competency to stand trial evaluations claimed to have memory problems. Compared with the rest of the defendants, these individuals had a significantly higher incidence of affective disorders and lower incidence of psychotic disorders. Almost half failed both the Rey 15-Item Test (RFT) and the Test of Memory Malingering (TOMM), and 64% failed one or both. Seven of the eight suspected malingerers diagnosed with psychotic disorders failed both the RFT and TOMM. The incidence of psychotic disorders was significantly higher in those who failed the RFT than those who passed and somewhat higher in those who failed the TOMM than those who passed. The possibility that some defendants scored below the recommended cutoff scores because of intellectual limitations or concentration problems stemming from their psychotic illness is discussed.

Keywords:

• competency to stand trial
• malingering
• cognitive malingering
• suboptimal effort

Acknowledgments

The authors thank Gene McCullough for his review of this article and his helpful feedback.