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Criminal Law

: Crime and Consequences

Neuropsychology in New Hampshire

By Kent Scheidegger et al.

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The Supreme Court of New Hampshire issued an opinion in the case of Baxter v. Temple (#2007-102) yesterday involving the admissibility of the Boston Process Approach (BPA) of neuropsychological assessment. In brief, the BPA is a widely used assessment approach used by neuropsychologists which utilizes a priori selection of psychological tests instead of the full battery of tests used in other assessment approaches. As the Court stated: While the BPA itself does not have a known or potential error rate, the Daubert factors ?do not constitute ?a definitive checklist or test?? that must be applied in all circumstances. Kumho Tire, 526 U.S. at 150 (quoting Daubert, 509 U.S. at 594); see also RSA 516:29-a, II. Rather, the factors must be applied with flexibility and in light of the proffered testimony...continue to full post

Full post as published by Crime and Consequences on May 21, 2008 (boomark / email).

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