Using the MMPI-3 in Legal Settings

Abstract

In this paper, we review the historical evolution of the MMPI instruments, consider the empirical foundations for its use in Forensic Mental Health Assessments (FMHAs) with particular emphasis on the applicability of MMPI-2-RF research to these evaluations, and identify ways in which the inventory can be effectively but also inappropriately used in these assessments. We also review appellate court decisions related to forensic uses of the MMPI and discuss implications for cross-examination on MMPI-3-based testimony, emphasizing the need for forensic practitioners to be familiar with the empirical research available to guide MMPI-3 use in FHMAs. We identify areas needing further research, including the utility of the test in assessments of persons of color, investigations of the applicability of MMPI-3 results in various specific forensic assessments and rehabilitative applications, and further research on implications of the new English and Spanish-language norms. Potential contributions of studies using the updated MMPI-3 scales in descriptive research on forensic populations are also discussed. We conclude that when used properly to assess for evidence of invalid responding that may affect FMHAs, or psychological functioning relevant to answering psycho-legal referral questions, the MMPI-3 rests on solid empirical foundations that can withstand the scrutiny inherent in forensic evaluations.

Disclosure statement

Yossef S. Ben-Porath serves as a paid consultant to the MMPI Publisher, the University of Minnesota Press and distributor, Pearson. He receives research funding from the Publisher and earns royalties on MMPI-2-RF and MMPI-3 sales.

Notes

1 It is noteworthy that this is a much smaller number of cases than was identified by Neal et al. (2019) in their review of legal decisions relevant to the MMPI. The main difference between the methods used by Neal et al. and in the present article to identify relevant cases: we sought appellate cases only, while Neal et al. included both trial court and appellate cases.

2 Though it was released less than a year prior to the writing of this article, the MMPI publisher indicated in a personal communication to the first author that sales trends indicate rapid adoption of the MMPI-3.

3 Reliance on a computer-generated interpretive report or an interpretation written by a qualified user who is not otherwise involved with the evaluation does not obviate the need for the forensic examiner to possess these competencies.