mcgarry criteria competency stand trial
He was diagnosed with schizophrenia and found incompetent to stand trial and remanded for treatment, which successfully restored his competence. Although considered to be factual understanding,40 this scale also requires rational abilities in deciding on the alternatives. It is my judgment that this defendant was & able to appreciate the wrongfulness of his conduct at the time of the offense. These normative data were used for clinical interpretation of information from the jail detainees to establish three categories. What happens in a trial is, &. Then the dictation goes directly into the template at the right spot. I do give you my consent to release this report to any appropriate party. As part of a special issue of the Journal on evidence-based forensic practice, this article examines three published competency measures: the MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA), the Evaluation of Competency to Stand Trial-Revised (ECST-R), and the Competence Assessment for Standing Trial for Defendants with Mental Retardation (CAST-MR). This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. We begin with an evaluation on the congruence between the competency measures and the Dusky standard. Occasionally, a court may request that both evaluations take place at the same time (Chauhan, Warren, Kois, & Wellbeloved-Stone, 2015). Neither the CAST-MR nor MacCAT-CA assesses defendants' knowledge of their own criminal charges and the severity of these charges. The purpose of this evaluation was to determine his competence to stand trial and his criminal responsibility (insanity) regarding his current criminal charges. The method makes use of currently available computer technology. Reports are commonly prepared by dictating or typing, with standard paragraphs inserted at appropriate places. The Ontario Court of Appeal recently set a precedent (Queen ve. Religion does & play an important part in the defendant's life. For competency determinations, the Supreme Court in Dusky established the three prongs for which the fit or congruence of scientific evidence must be considered. Theon Jackson, who was deaf and mute and could not read or write, was charged with two robberies and found incompetent due primarily to his inability to communicate and also his intellectual deficits. For defendants found incompetent, treatment is usually successful in restoring competence and allowing them to return to court and proceed with the resolution of their cases. The role of the defendant's attorney is, &. The defendant is able to repeat & 7 digits forward and & 4 digits backward. The issue reached the U.S. Supreme Court in the case of Sell v. United States (2003). Of mostly historical interest, first-generation measures have limited data on their psychometric properties, a lack of normative data, and poor correspondence to the relevant legal standard.38 Although reviews of these measures are readily available,39 this article focuses more selectively on three published competency measures. For example, Nicholson and Kugler (1991) reviewed 30 studies and concluded that defendants with psychotic disorders were more likely to be incompetent. The reason that games have rules is &. & Yes. Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site. (2012) provide one of the few studies of evaluators in routine practice of conducting competency evaluations. Those components retained an average of 6.10 on a 7.00 rating scale of their representativeness. Both the report template and the service agreement template are available from the author in Microsoft Word document format. & Yes. Obviously, case-specific data are likely to meet the Daubert guideline of being sufficiently tied to the facts of the case. In contrast, hypothetical data must be examined closely to determine its relevance or fit to a particular defendant's case. As noted by Melton and his colleagues, most attorneys have neither the time nor the inclination to observe, much less participate in, competency-to-stand-trial evaluations (Ref. The attorney is & a pubic defender. He is & able to concentrate. The Fitness Interview Test-Revised (FIT-R; Roesch, Zapf, & Eaves, 2006) uses a semi-structured interview format to assess three main areas: (a) the ability to understand the nature or object of the proceedings, or factual knowledge of criminal procedure, (b) the ability to understand the possible consequences of the proceedings, or the appreciation of personal involvement in and importance of the proceedings, and (c) the ability to communicate with counsel, or to participate in the defense. Perlin cited the case of Colin Ferguson, who was accused of murdering six people and injuring 19 others on the Long Island Rail Road. The opening paragraph of this article noted the professional schisms between traditional practice and the growing movement toward evidence-based practice. For our purposes, we selectively review articles that provide key insights in Daubert and examine several examples of how Daubert has been applied to standardized measures and legal standards. It is my judgment that this defendant presently & has the ability to assist in the preparation of his defense regarding the criminal action against him. Competency restoration practices are reviewed later. Oxford Research Encyclopedia of Psychology, Department of Psychology, Simon Fraser University, Clinical Psychology: Disorders and Therapies, Organizational and Institutional Psychology, A Functional and Contextual Approach to Defining and Assessing Competency, https://doi.org/10.1093/acrefore/9780190236557.013.80, The effect of competency restoration training on defendants with mental retardation found not competent to proceed, The competence of criminal defendants: A theoretical reformulation, The significance of combining evaluations of competency to stand trial and sanity at the time of the offense, The relationship between criminal charges, diagnoses, and psycholegal opinions among federal pretrial defendants, The Sell effect: Involuntary medication treatment is a clear and convincing success, A second validation study of the competence assessment for standing trial for defendants with mental retardation (CAST-MR), The emerging standard of competence in immigration removal proceedings: A review for forensic mental health professionals, Assessment and conceptualization of competency to stand trial: Preliminary data on the Interdisciplinary Fitness Interview. The charges against him are, &. One of the first to examine an education-focused approach, Siegel and Elwork (1990) found that incompetent defendants randomly assigned to an educational program that provided information on the legal process as well as problem-solving training showed significantly greater improvement on competency assessment instrument scores compared to a control group. Most competency evaluations are typically done by psychologists or psychiatrists, but social workers are also qualified in some states to conduct these evaluations (Jenkins v. United States, 1962; Roesch, 2015). Limited research suggests that it can be a reliable and valid instrument used primarily as a guide for clinicians to focus on competence-related abilities (Nicholson & Kugler, 1991; Roesch & Golding, 1980). A reliability assessment does not require, although it does permit, explicit identification of a relevant scientific community and an express determination of a particular degree of acceptance within that community [Ref. Although the Court did not indicate how a reasonable period of time should be defined or progress toward regaining competency could be assessed, the decision made clear that if these two conditions were not met, the defendant would have to be released unless civil commitment was an appropriate alternative. His appetite is & good. This and other research (Hubbard & Zapf, 2003; Morris & Parker, 2008) suggests that it may be difficult to predict who will be restored, but this research is unlikely to affect court practice since most incompetent defendants are restored with treatment, so judges may decide to order treatment for a limited period even for those in a low success group. The colors of the American flag are, & red, white and blue. The following are my observations regarding this defendant. & Yes. However, so many mouse clicks are needed that it is not worth doing. He & denies that the television watches him. His answer can be quoted or paraphrased. A small group of 10 professionals (lawyers, administrators, and forensic psychologists) rated the appropriateness of the CAST-MR content. This practice was challenged in Jackson. 32, p 154). The defendant & denies feeling depressed at this point. If someone said, don't cry over spilled milk, that would mean, &. This article begins with an overview of evidence-based practice and the Daubert standard, which sets the stage for an extensive examination of competency to stand trial via three competency measures. Beyond this critically important discussion, the relevance of a measure must also consider its appropriateness for the intended population (i.e., impaired defendants). Evidence-based practice cannot be achieved without standardization. Specific factual aspects of cases must also be considered. Similar findings were found in an Alabama study by Zapf, Hubbard, Cooper, Wheeles, and Ronan (2004), who examined reports in forensic facilities and found that while the majority of them covered factual understanding issues, over 90% offered no information about the appreciation or reasoning abilities of the defendants being evaluated for competency. The defendant Ahmad Edwards attempted to steal a pair of shoes from a department store in Indiana, and when security officers tried to apprehend him, he fired shots at them. Although the newest measure, the ECST-R is the only one of these competency measures to be reviewed by the well-respected Mental Measurements Yearbook.45,46 By combining these sources, practitioners will become knowledgeable regarding the strengths and limitations of competency measures. Professional attitudes are an often overlooked but key component in the acceptance of evidence-based practice. Therefore, the following analysis examines the construct validity of competency measures in light of their specific applications to defendant categories. Does the defendant have an appreciation of the charges against him? The modern standard for defining competence to stand trial was established in Dusky v. United States (1960), in which the U.S. Supreme Court held: It is not enough for the district judge to find that the defendant is oriented to time and place and has some recollection of events, but that the test must be whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understandingand whether he has a rational as well as factual understanding of the proceedings against him. It argues that no valuable information, be it clinical acumen or standardized data, should be systematically ignored. 3233). Grisso39 provides a thorough review of the CAST-MR and the MacCAT-CA. &. He was subsequently charged with attempted murder, battery with a deadly weapon, criminal recklessness, and theft. The ECST-R demonstrates high internal consistency, with alpha coefficients for the competency scales ranging from .83.89 and alpha coefficients for the feigning scales ranging from .63.87. The defendant related to me in a & normal fashion during today's examination. The use of medication raises the question of whether an incompetent defendant can refuse to consent to being medicated. Clinically significant impairment was designated as deficits at and above 1.5 SD. For example, He is & able to concentrate can be easily modified to, He is unable to concentrate. Then, as much embellishment as desired can be added, or the text can be left as is. Researchers sometimes overestimate the ability of their standardized measures to evaluate complex clinical constructs. He examined a sample of incompetent defendants in a restoration program and found that a number of factors were associated with a low probability of restoration, including a longstanding psychotic disorder, a diagnosis of mental retardation, and older age. The defendant graduated from high school at age & 18. Legal procedures that protect the rights of criminal defendants have been adopted to ensure that they have the capacity to participate fully in their defense (Youtsey v. United States, 1899; Dusky v. United States, 1960). The original version included 17 items but a revised version, referred to as the GCCT-Mississippi State Hospital Revision (GCCT-MSH), has four additional items (Wildman, White, & Brandenburg, 1990). The process of determining an accused person's competence to stand trial often causes indefinite commitment to mental hospitals. Competency to stand trial is an extremely complex issue, and practice has required that the psychiatrist play a major role in its determination. The user can create a personalized template for court-appointed cases, a different one for private cases, and so forth. Does the defendant have an appreciation of the range and nature of the possible penalties he faces? The mouse can be used to access the macro command. While competency to stand trial is the most commonly used term, competency in the criminal trial process encompasses all stages of participation in the legal process, including pretrial, trial, sentencing, and appeals. A major strength of the three competency measures is the excellent data on their reliability and errors in measurement. It is offered as a public domain document, which means that everyone is free to copy it, modify it, and use it in any way. Indiana Code 35-36-3-1 states that a defendant is incompetent to stand trial if the defendant lacks the ability to understand the proceedings and assist in the preparation of a defense. Representative items are Jack felt that the judge _____ or If the jury finds me guilty _____. Each item is given a score of 2 (competent), 1 (questionable), or 0 (incompetent), and scores below 20 would identify possible incompetent defendants, who would then be referred for further assessment, usually in an inpatient setting. Once raised, defendants are typically referred for an evaluation by a mental health professional. ECST-R items are rated by the clinician and provide a score on each of these scales. Brown v. State 1960 The criteria for determining competency to stand trial in Georgia was handed down by the Georgia Supreme Court in Brown v. State (1960) two months before Dusky ruling. & He denies any history of significant illness such as & cancer, & heart disease, & diabetes, or & epilepsy. The pleadings available to the defendant include, &. The legal principle is usually referred to as competence to stand trial, although terms such as fitness to stand trial, adjudicative competence, and competence to proceed are also used (Bonnie, 1992; Golding, 2016). The CAST-MR is composed of three competency scales: Basic Legal Concepts (25 multiple-choice questions), Skills to Assist Defense (15 multiple-choice questions), and Understanding Case Events (10 open-ended questions). 8, issues 24) and the American Journal of Public Health (vol. The Appeals Court held that the trial court erred because it was not aware that jail records indicated that the defendant had stopped taking his medication two weeks before entering a plea. Rather, the MacCAT-CA asks the examinee to consider a hypothetical case about two men (Fred and Reggie) and their involvement in a serious, almost deadly, assault following an altercation while playing pool. Evaluation of Competency to Stand Trial-Revised (ECST-R) and Professional Manual. Courts require competency before defendants stand trial in order to preserve due processthat is, to make sure the proceedings are fair. The MacCAT-CA has the most problems of competency measures in establishing accurate classifications. Inquiries can be either case-specific (i.e., the content focuses on the defendant's case) or hypothetical (i.e., the content is unrelated to the defendant's case). The next section addresses the admissibility of expert evidence in light of the Daubert9 standard. Establishing a Forensic Psychiatric Practice: A Practical Guide. Parenthetically, the qualifying term usually seems difficult to understand. With respect to the preference of judges regarding report content, one study found that juvenile and criminal court judges from seven states stated they wanted ultimate opinions about competence and legal deficits more so than descriptions of causal explanations for psycholegal deficits (Viljoen, Wingrove, & Ryba, 2008). While the bulk of the article addresses research findings, the next two paragraphs outline the equally important topic of professional attitudes. Citing Federal Rule of Evidence 702, it requires a valid scientific connection to the pertinent inquiry as a precondition to admissibility (Ref. In his seminal work, Robey34 proposed in 1965 a standardized checklist for operationalizing competency to stand trial. With NIMH support, Lipsitt and his colleagues35 developed in 1971 the first standardized competency measure, the Competency Screening Test (CST). The number of legs on a horse is, & 4. The following is the information given by the defendant regarding his employment history. Psychological Evaluations for the Courts (ed 3). Since then, a psycholegal concept known as Competency to Stand Trial (CST) was introduced. 2324). As previously noted, a rating of 4 shows substantially impaired competency by itself, whereas a rating of 3 shows deficient competency but does not, by itself, show substantially impaired competency. As a result, the presented material is typically very short (i.e., fewer than 10 words) on the ECST-R competency scales. For instance, what would be the similarities in MacCAT-CA's aggravated assault between friends and delusionally motivated crimes? Utah Code Annotated 77-15-1 et seq. The Supreme Court, in Daubert v. Merrell Dow Pharmaceuticals, Inc.,9 applied scientific principles to the admissibility of scientific evidence. The defendant & denies the use of alcohol. The ampersand macro command is easily set up with these steps: In the Press new shortcut key dialogue box, type Ctrl + j (hold Control key while typing j), In the Find What box, tap the ampersand (shift + 7). Its error rate focuses specifically on the accuracy of measurement, which is affected by reliability and validity. It assesses response style to provide an indication of malingering or feigning incompetency, as well as scale scores on four aspects of competency: factual understanding of the courtroom proceedings, rational understanding of the courtroom proceedings, consult with counsel, and overall rational ability. On a five-point scale, the ratings were somewhat variable, with Skills to Assist in Defense reaching an average score of only 3.03 regarding the appropriateness of its content (Ref. With Daubert used as the conceptual framework, this section examines competency measures as evidence-based practice. Sell appealed and the appellate court held that medication was necessary because he was dangerous to himself or others and medication was likely to restore competence. One sound approach to ascertaining error rates is to estimate the accuracy of individual scores on competency measures. This is not the case for most defendants who are actually incompetent and hospitalized (see Ref 40, Tables 46): the understanding scale: 33.2 percent clinically significant impairment, 15.9 percent mild impairment, and 50.9 percent minimal or no impairment; the reasoning scale: 41.3 percent clinically significant impairment, 13.8 percent mild impairment, and 44.9 percent minimal or no impairment; and the appreciation scale: 44.5 percent clinically significant impairment, 9.2 percent mild impairment, and 39.2 percent minimal or no impairment. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice). Prior to Jackson v. Indiana (1972), incompetent defendants would automatically be sent to a treatment facility for an indefinite period of time until competency was restored. I explained that my findings would be released to & you, and in any hearings that might occur. Does the defendant have the ability to plan a legal strategy? We do not capture any email address. The reason that people pay taxes is &. However, efforts in this direction have not been successful. Five large cities are, &. The template includes the standard elements of competency and criminal responsibility reports. The macro reduces a command of several keystrokes to one of a single keystroke. Competence can even arise in death penalty cases in which the competence to proceed with appeals or to be executed is questioned (Cunningham, 2013). Overall agreement (unanimous agreement among three evaluators) of initial evaluations of competency was lower than other studies (71%), which might be expected when more than two evaluators are studied. The following is the information given to me by the defendant regarding his history of use of drugs and alcohol. Agreement about more specific psycholegal abilities is likely not as high. Page 6 In her second evaluation, Susan E. Rushing, M.D., J.D., a forensic psychiatrist, found The foregoing discussion focused on the congruence between competency measures and the Dusky standard. Less intrusive forms of treatment include legal rights education, deficit-focused remediation programs, and standard hospital treatment programs (Bertman et al., 2003). The following are my findings and conclusions regarding today's psychiatric evaluation of this defendant. recognized in the trial process. An interesting feature of the MacCAT-CA is that that an education component is built into the measure. 32, p 148). The second validation study indicated a moderate agreement (71%) between cut scores and examiner judgment. The Evaluation of Competency to Stand Trial-Revised (ECST-R; Rogers, Tillbrook, & Sewell, 2004) presents a clinical interview with both semi-structured and structured components. judication," "competence to stand trial," and "fitness to stand trial" are used interchangeably throughout the Guideline. Probably because of its original development as a research measure, 16 of the 22 items do not address the defendant's case. Based on her work, we should anticipate that more scientific guidelines will generate greater discrepancies among trial courts. Your current browser may not support copying via this button. He & denies that others follow him or spy on him. Unfortunately, there is little research on the effectiveness of various treatment approaches. Although they focused on treatment, several findings may be applicable to forensic practice. Despite its extreme rarity (i.e., 0 for 356 defendants), practitioners may want to consider quickly screening ECST-R protocols for this remote possibility. speculated may have been due to differences in training and also how they viewed the relationship between psychosis and competence. The method makes use of currently available computer technology. Rather, the majority of cases are resolved through plea bargaining. Printed from Oxford Research Encyclopedias, Psychology. Defendants with serious mental disorders or mental retardation are likely to have substantial deficits in capacity to process information. Murrie and Zelle (2015) reviewed the literature and identified five essential capacities: (1) a factual understanding of the legal proceedings, (2) an appreciation of how the factual understanding can be applied to his or her case, (3) an ability to make reasonable and logical decisions, (4) an ability to assist and communicate with counsel, and (5) an ability to make decisions about issues such as whether to accept a plea agreement, proceed with trial, testify, and the many other decisions faced by defendants in criminal cases. This observation is a likely explanation for the differences in cut scores between the two measures. If the defendant is found guilty, the sentence he is most likely to get is, &. However, consistent with the functional approach to competency assessments, the scale scores are not summed to total one final score for the ECST-R, and no cut-offs are used to determine whether a defendant is competent or incompetent. Descriptive but not normative data are presented from two studies of criminal defendants. Subsequently, Edwards asked to proceed pro se, but this was denied by the trial judge. We must tackle directly the professional objections to evidence-based practice. Competency to participate fully in the defense of his or her criminal case is an essential right of a defendant to ensure a fair trial. This template lends itself to the efficiency of using voice recognition software to dictate at each cursor stop. Are rated by the trial judge is, & observation is a likely explanation for the courts ed! For court-appointed cases, and so forth of his conduct at the time of the nor. Training and also how they viewed the relationship between psychosis and competence being sufficiently tied to the facts the! Accurate classifications the alternatives observation is a likely explanation for the courts ( ed )... As & cancer, & and found incompetent to stand trial ( CST ) desired can be easily to. 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