Encyclopedia of Psychology and Law

UCCES-based recommendations are more reliable or

valid than non-UCCES-based recommendations ulti-

mately is an empirical question. A literature search

failed to locate any publications specifically evaluat-

ing the reliability or validity of custody recommenda-

tions made using the UCCES, however.

The authors assume that examiners will use a vari-

ety of psychological tests in addition to the UCCES

forms, and they exhort clinicians to be aware of the

limitations of psychological testing and to adhere to

the Standards for Educational and Psychological

Testingwhen administering, scoring, and interpreting

test data. Despite this caveat, they also suggest that

examiners may use various controversial projective

tests to inform judgments concerning the child’s psy-

chological closeness to each parent. More generally,

many of the clinical instruments recommended for use

were not designed to address typical custody-related

questions, and several authorities have questioned the

relevance and utility of these tests for this purpose.

The Ultimate Issue Debate

The “ultimate issue” refers to the legal question that is

to be determined by the court in a particular case.

Mental health experts continue to debate whether it is

ethical to offer ultimate issue opinions more broadly,

as well as specifically in relation to custody cases. This

debate centers on several concerns, such as that expert

witnesses are not necessarily trained in legal issues

and, perhaps most important, that experts giving ulti-

mate issue opinions represent an attempt to usurp the

fact finder’s role as the final arbiter of case disposi-

tions. Some experts, including the authors of UCCES,

are comfortable providing such opinions. Others

believe that experts are not qualified to make such

assertions in court and that it is unethical to do so.

M. Catherine Dodson

and John F. Edens

See alsoChild Custody Evaluations; Divorce and Child

Custody; Expert Psychological Testimony, Forms of;

Forensic Assessment

Further Readings

Munsinger, H. L., & Karlson, K. W. (1994). Uniform child

custody evaluation system. Odessa, FL: Psychological

Assessment Resources.

Otto, R. K., Edens, J. F., & Barcus, E. H. (2000). The use of

psychological testing in child custody evaluations. Family

and Conciliation Courts Review, 38,312–340.

Tippins, T. M., & Wittmann, J. P. (2005). Empirical and

ethical problems with custody recommendation: A call for

clinical humility and vigilance. Family Court Review,

43,193–222.

U.S. SUPREMECOURT

The U.S. Supreme Court conducts appellate review

hearings of lower-court decisions, relying on written

briefs and oral arguments by counsel for the parties to

help the justices formulate opinions as to cases’ out-

comes. The number of petitions from parties seeking

to have the Supreme Court grant a hearing on their

appeal far exceeds the number of cases the justices

are able (or willing) to take on. For the very few cases

that reach the Supreme Court, there is a highly struc-

tured, formalized process waiting. Should a petitioner

succeed in obtaining a hearing, his or her attorneys

will be able to submit written briefs and participate in

oral arguments. Thereafter, the case will fall entirely

within the justices’ domain; processing of the case

will include an initial justices-only conference, the

exchange of draft opinions, and various types of

interim decisions by the justices (e.g., on the standard

of proof to which the government—if a party to the

case—should be held), leading up to a majority’s ulti-

mate decision to affirm or overturn the lower-court

ruling.

Matters before the Court sometimes involve

questions about human behavior. The need for

behavioral science knowledge provides opportuni-

ties for professional organizations to submit their

own briefs addressing relevant research areas.

Guidelines and precedents exist for how justices

may decide cases, but such parameters are often

open to disagreement and justices may even fashion

new rules. The interpersonal and cognitive aspects

of the justices’ own decision making have also been

studied. This entry examines the operations of the

U.S. Supreme Court, the criteria used by justices in

making decisions, the types of rulings issued by the

Court, and the role of precedent in Court delibera-

tions, as well as the various interfaces between it

and psychological science.

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