Psych Chapter 8

Competence

Whether an individual has sufficient preset ability to participate and perform necessary personal and legal functions

Competency to stand trial (CST)

A defended presents ability to participate in criminal proceeding to aid in one's own defense

Dusky v US

Defined the qualifications for being judged competent to stand trial

Adjudicative competence

The types of abilities needed to participate effectively in all stages of the legal process, developed by richard bonnie

Foundational competence

A basic understanding of the trial process as well as the capacity to provide a lawyer with info relevant to the trial

Decisional competence

The capacity to make informed, independent decisions

CST is a…

Legal concept not a psychological one and it does not certify good mental health or typical mental functioning

Forensic mental health assessments

Competency evaluations → most common, mentally unstable at the time of the trial

Sanity evaluations → less common, mentally unstable at the time of the crime

Competency statistics

⅔ of people experiencing severe disorders were still found competent

¾ of defendants evaluated were found CST

5% of felons are evaluated

Cooper v Oklahoma and Medina v California

Established that defendant are presumed to be competent unless proven incompetent and defense bears that responsibility

A guilty please must be…

Knowing, voluntary, and intelligent

Godinez v Moran

Suggested that separate psychological evaluations to competency to plead guilty and competency to an attorney are not required if defendant is found CST

Colin Ferguson

Was permitted to represent himself, but he made no sense which raised concerns

Indiana v Edwards

Ruled that even if someone is found CTS they can be found incompetent for other things

Preponderance of the evidence standard

Used in civil cases when determining liability and plaintiff must provide evidence to the court to meet this standards

Clear and convincing evidence

Used when the proceeding could result in a substantial intrusion on an individual's liberty short of imprisonment

Forensic assessment instruments

Test designed to answer questions specific to legal issue in an area

Methods for testing CST

Usually general psychology tests are used like the minnesota multiphasic personality inventory

Competency screening test

Used to test CST, complete 22 sentence fragments about legal proceedings

Competency assessment instrument

Uses a systematic 1-hour interview

Mac Arthur tests

Most questions are structured sound a hypothetical vignette using abar fight

Contextual or functional approach

Requires evaluators to keep in mind all factors relevant to their evaluation

Malingering

Gross exaggeration of physical or psychological symptoms to gain a positive outcome

Inventory of legal knowledge

Designed to detect a malingering response style in CST evaluations

Evaluations of CST revised

The only FAI designed for use in CST evaluations that also assess malingering

Bona fide doubt

Any reasonable doubt, as long as any exists a CST evaluation can be requested

Collateral sources of info

Third parties who can offer info about the defendant's behavior

Comparing evaluators study

When comparing 3 different competency evaluators they all agreed on competency 71% of the time

Judges agreement

Found to agree with evaluator decisions 75% to 90% of the time

Ultimate issue testimony

Expert testimony that specifically answers the legal question at the heart of the case

Competency for execution

Prisoner's ability to understand the connection between the prisoner's approaching execution and their crime

Madison v Alabama

Made it clear that mental illness did not matter as long as it caused inability to understand why the state is seeking execution

Restoration of CST

About 60,000-100,000 evaluations occur annually, 28% found incompetent and 75% are restored within 6 months

Average length of time for restoration

174 days

Psychotic illnesses

The strongest predictor of incompetency

Jackson v Indiana

Limited the period of confinement of a defendant judged incompetent to the time necessary to determine whether a defendant could be returned to competency in the foreseeable future

Restoration usually involves…

Antipsychotic medication

Anorognia

An individual's inability to recognize that they are experiencing a mental illness

Eugene Russel weston

Found incompetent and refused medication, was determined that he could be forced to take it since his crime was violent

Sell vs US

Ruled that defendant that is not a danger could be forcibly medicated only if it is medically appropriate and unlikely to cause side effects, but can still be done

Riggings v Nevada

Appeal ruled that involuntary medication was only permissible to achieve essential state interests

Washington v Harper

Cleared up that convicted criminals should have fewer protections from forcible medication than someone who allegedly committed a crime

Ford v Wainright

Ruled that medicating for sole purpose of execution is not lawful, but if it is for their own benefit it can be done

Adolescents and CST

More likely to be found incompetent, Transfer to adult court has been ineffective