Competency to stand trial
-shriya valluri
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WHAT IS IT?
Competency to stand trial, also known as fitness to stand trial, refers to a defendant's ability to understand and participate in legal proceedings against them. It is an important legal concept that ensures that a defendant is capable of assisting in their defense and understanding the charges and consequences they face.
more about it...
- Psychiatrically incompetent people which are not fit for trial are sent for treatment and are treated till they are competent enough for trial.
- The capacity of a person to understand the questions asked during interrogation and court proceeding as well as to answer them intelligently and meaningfully is dealt under competency for interrogation.
- Dusky v/s United States(1960)- beginning of competency to stand trial
what does the forensic psychologist do?
Trained to evaluate a defendant's mental and emotional states conduct a comprehensive evaluation of the defendant's mental health, including their cognitive abilities, memory, and reasoning skills. provide a report to the court that outlines their findings and makes recommendations about the defendant's competency to stand trial. Act as an expert witness, providing their professional opinion about the defendant's competency and the basis for their evaluation
+ info
What do they evaluate?
- Cognitive functioning
- Mental illness
- Competency
- Capacity
- cultural and linguistic barriers
+ info
How do they evaluate ?
Structured interview of Reported systems MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA) Competency Assessment Instrument (CAI) Mini-Mental State Examination (MMSE)
+ info
Challenges of such procedures
- Challenges to competency determinations can arise when there are disagreements between evaluators, or when a defendant's competency changes over time.
- In some cases, defendants may feign incompetence in an attempt to delay or avoid trial. It is the responsibility of the court to weigh all evidence and make a determination of competency based on the facts of the case.
ex: Cameron Todd Willingham case 1991
+ info
CONCLUSION
Competency to stand a trial is to make sure the autonomy and individual right of a person to defend himself or herself. The most important question which arises is that whether that person can do so or not. Therefore, the competency to stand trial has direct effect on deciding the right to a fair trial.
Psychologists and psychiatrists play a crucial role in evaluating defendants' competency, and it is up to the court to make a determination based on the available evidence.
THANK YOU!
competency to stand trial
Shriya Valluri
Created on May 7, 2023
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Transcript
Competency to stand trial
-shriya valluri
Start
WHAT IS IT?
Competency to stand trial, also known as fitness to stand trial, refers to a defendant's ability to understand and participate in legal proceedings against them. It is an important legal concept that ensures that a defendant is capable of assisting in their defense and understanding the charges and consequences they face.
more about it...
what does the forensic psychologist do?
Trained to evaluate a defendant's mental and emotional states conduct a comprehensive evaluation of the defendant's mental health, including their cognitive abilities, memory, and reasoning skills. provide a report to the court that outlines their findings and makes recommendations about the defendant's competency to stand trial. Act as an expert witness, providing their professional opinion about the defendant's competency and the basis for their evaluation
+ info
What do they evaluate?
+ info
How do they evaluate ?
Structured interview of Reported systems MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA) Competency Assessment Instrument (CAI) Mini-Mental State Examination (MMSE)
+ info
Challenges of such procedures
- Challenges to competency determinations can arise when there are disagreements between evaluators, or when a defendant's competency changes over time.
- In some cases, defendants may feign incompetence in an attempt to delay or avoid trial. It is the responsibility of the court to weigh all evidence and make a determination of competency based on the facts of the case.
ex: Cameron Todd Willingham case 1991+ info
CONCLUSION
Competency to stand a trial is to make sure the autonomy and individual right of a person to defend himself or herself. The most important question which arises is that whether that person can do so or not. Therefore, the competency to stand trial has direct effect on deciding the right to a fair trial. Psychologists and psychiatrists play a crucial role in evaluating defendants' competency, and it is up to the court to make a determination based on the available evidence.
THANK YOU!