Hamm v. Smith · ¶146

Third, some have suggested that it may be valid for an expert witness to take a less formal approach and make a judgment call about the “central tendency” of a defendant's various scores. Ibid. When a defendant takes multiple tests, his scores will usually “cluster” around his “true” IQ. A. Frances, Essentials of Psychiatric Diagnosis: Responding to the Challenge of DSM–5, pp. 30–31 (2013) (Frances). Under this approach, when an expert determines that a defendant's scores “cluster,” or evince a “central tendency,” above 70, a court can reasonably conclude that a defendant's “true” IQ exceeds 70.

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