Competence to Stand Trial - Vocabulary Flashcards

Key terms and definitions from the lecture notes on competence to stand trial, including legal foundations, major cases, assessment tools, and outcomes.

Competence to stand trial

A legal judgment about a defendant's present ability to understand the court proceedings and participate in their defense (e.g., consult and work with counsel). The judge makes the final decision, informed by a clinician's evaluation.

Present abilities

Focus on the defendant’s abilities at the time of trial, not past mental state or future prognosis.

Sixth Amendment

Constitutional right underpinning criminal process rights (speedy/public trial, impartial jury, informed of charges, confrontation, compulsory process, and assistance of counsel) relevant to competency.

Dusky v. United States (1960)

Established the standard for competency: the defendant must have sufficient present ability to consult with counsel with reasonable rational understanding and factual understanding of the proceedings.

In absentia

Concept of trying a person in their absence; the defendant must be present physically and mentally for trial.

Elizabeth Smart case (competence to stand trial)

High-profile example where competency issues were raised multiple times and resolved over years, illustrating malingering vs. illness and restoration to competence.

Malingering

Deliberate faking or exaggeration of symptoms to avoid or influence legal proceedings; assessed with specialized tools in forensic evaluations.

MacCAT-CA

MacArthur Competence Assessment Tool – Criminal Adjudication; a 22-item vignette-based instrument measuring general legal understanding and reasoning about options and penalties.

ECST-R

Evaluation of Competence to Stand Trial – Revised; semi-structured interview based on Dusky criteria, focusing on case-specific understanding and ability to consult; includes a malingering scale.

WAIS/WISC

Wechsler Adult Intelligence Scale / Wechsler Intelligence Scale for Children; standard intelligence tests frequently used in forensic evaluations (clinical assessment instruments, not specific to competence).

TOMM

Test of Memory Malingering; a tool used to detect feigned memory problems in evaluations.

M-Fast (MFAST)

Miller Forensic Assessment of Symptoms Test; a malingering screening instrument.

CAIs

Clinical Assessment Instruments; general clinical tools used to diagnose issues, which then must be interpreted in light of a legal question.

Forensic assessment instruments

Tools designed specifically for forensic questions (e.g., MacCAT-CA, ECST-R) to address legal competencies.

Jackson v. Indiana (1972)

Ruled that defendants cannot be held indefinitely solely for incompetence; established a reasonable time limit for restoration, with possible civil commitment if dangerous.

Godinez v. Moran (1993)

Supreme Court held a uniform standard for all criminal competencies; if competent to stand trial, also presumed competent to represent oneself.

Indiana v. Edwards (2008)

Overruled Godinez on the issue of pro se competence; self-representation requires higher functional abilities; pro se rights are not absolute for those lacking capacity.

Colin Ferguson case

Example where a defendant was allowed to represent himself despite concerns about competence to proceed pro se, highlighting contextual versus general competence.

Competency restoration

Process by which an incompetent defendant becomes competent (often via medication); most are restored within about six months, and trials resume.

Civil commitment after incompetence

If a defendant cannot be restored or is dangerous, they may be detained in civil commitment rather than criminal trial.

Psychoeducation in competency work

Educational interventions (e.g., courtroom process explanations) to improve foundational understanding and ability to participate in defense.