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competent stand trial

Steven K Hoge
The legal concept of competence to stand trial has ancient roots. The history of this legal construct in Anglo-Saxon law will be reviewed. A competent defendant is a requirement of the criminal justice system because it reflects interests related to the dignity of the process, the accuracy of adjudication, and respect for the autonomy of defendants. In the United States, legal decisions have established the contours of the requirements related to competent participation in adjudication. Forensic psychiatrists have operationalized the requirements for assessment purposes...
December 2016: Indian Journal of Psychiatry
Lauren Kois, James M Wellbeloved-Stone, Preeti Chauhan, Janet I Warren
Combined evaluations of competency to stand trial (CST; competency) and mental state at the time of the offense (MSO; sanity) frequently co-occur. However, most research examines the 2 as discrete constructs without considering 4 potential combined evaluation outcomes: competent-sane, incompetent-sane, competent-insane, and incompetent-insane. External validity can be improved if research more closely mirrored practice. It may be incorrect to assume incompetent defendants are similar across CST-only and combined evaluations, and insane defendants are similar across MSO-only and combined evaluations...
February 9, 2017: Law and Human Behavior
Lubna Grewal, Stephen Noffsinger
No abstract text is available yet for this article.
December 2016: Journal of the American Academy of Psychiatry and the Law
Joseph Chien, Kendell L Coker, Susan Parke, Nabyl Tejani, Remy A Sirken, Christina Sanchez-Jaquez, Fernando Rausch, Muhammad W Azeem
There are substantial differences between adults and juveniles in the context of competency restoration. Among juveniles, factors such as maturity level, age, intellectual functioning, and psychiatric diagnoses may affect competency to stand trial. In this study, subjects included all juveniles who were admitted to the Albert J. Solnit Children's Center for inpatient competency restoration in the period spanning January 1, 2005, through December 31, 2012. Sixty-one juveniles were referred during this period, and 58 were included in the final analyses...
December 2016: Journal of the American Academy of Psychiatry and the Law
Artha Gillis, Brian Holoyda, William J Newman, Machelle D Wilson, Glen L Xiong
There are an estimated 60,000 evaluations annually for competence to stand trial for felony indictments and likely more for misdemeanor indictments. Thus, there is an increasing interest in determining factors associated with a defendant's likelihood of being restored to competence to stand trial. Although previous studies have found that a misdemeanor charge predicts significantly less likelihood of restoration of competence when compared with felony charges, states typically allow treatment facilities less time to restore misdemeanor defendants than felony defendants...
December 2016: Journal of the American Academy of Psychiatry and the Law
W Lawrence Fitch
Forensic mental health practitioners are comfortable assessing criminal defendants' competence to stand trial. They have a long history of making such assessments and a large body of research and scholarship to guide them. In recent years, however, the courts have drawn a distinction between general trial competence (i.e., competence while represented by counsel) and competence to proceed pro se (i.e., competence without counsel). The seminal case on point is Indiana v. Edwards (554 U.S. 164 (2008)). In Edwards, the Court found that general trial competence may provide an inadequate measure of pro se competence...
December 2016: Journal of the American Academy of Psychiatry and the Law
Tatiana M Matlasz, Jamie L Brylski, Corey M Leidenfrost, Matt Scalco, Samuel J Sinclair, Ronald M Schoelerman, Valerie Tsang, Daniel Antonius
Cognitive impairment among seriously mentally ill offenders has implications for legal matters (e.g., competency to stand trial), as well as clinical treatment and care. Thus, being able to identify potential cognitive concerns early in the adjudication process can be important when deciding on further interventions. In this study, we examined the validity scales of the Personality Assessment Inventory (PAI), scores on the Wechsler Adult Intelligence Scale-IV (WAIS-IV), and competency findings in male inmates (n=61) diagnosed with a serious mental illness...
October 29, 2016: International Journal of Law and Psychiatry
Sue Channon, Marie-Jet Bekkers, Julia Sanders, Rebecca Cannings-John, Laura Robertson, Kristina Bennert, Christopher Butler, Kerenza Hood, Michael Robling
BACKGROUND: Motivational Interviewing (MI) is a person-centred counselling approach to behaviour change which is increasingly being used in public health settings, either as a stand-alone approach or in combination with other structured programmes of health promotion. One example of this is the Family Nurse Partnership (FNP) a licensed, preventative programme for first time mothers under the age of 20, delivered by specialist family nurses who are additionally trained in MI. The Building Blocks trial was an individually randomised controlled trial comparing effectiveness of Family Nurse Partnership when added to usual care compared to usual care alone within 18 sites in England...
2016: BMC Nursing
Kathleen Mary Patchan
This commentary describes the author's experience working at two separate detention centres during her fellowship. She initially describes her experience performing forensic evaluations. The terms 'competency to stand trial' and 'criminal responsibility' are defined. It then describes the author's experience working in an inner city and suburban detention centre. The two environments and patient demographics are compared to a traditional inpatient or outpatient community setting. Fictional patient encounters, based on an amalgamation of actual patients, are discussed...
February 2017: International Review of Psychiatry
Andreas Eberbach, Annette Becker, Justine Rochon, Holger Finkemeler, Achim Wagner, Norbert Donner-Banzhoff
BACKGROUND: General practitioners (GPs) are confronted with a wide variety of clinical questions, many of which remain unanswered. METHODS: In order to assist GPs in finding quick, evidence-based answers, we developed a learning program (LP) with a short interactive workshop based on a simple three-step-heuristic to improve their search and appraisal competence (SAC). We evaluated the LP effectiveness with a randomized controlled trial (RCT). Participants (intervention group [IG] n=20; control group [CG] n=31) rated acceptance and satisfaction and also answered 39 knowledge questions to assess their SAC...
2016: Advances in Medical Education and Practice
Rona L Siskind, Michele Andrasik, Shelly T Karuna, Gail B Broder, Clare Collins, Albert Liu, Jonathan Paul Lucas, Gary W Harper, Philip O Renzullo
In 2009, the National Institutes of Health recognized the need to expand knowledge of lesbian, gay, bisexual, and transgender (LGBT) health and commissioned the Institute of Medicine to report on the health of these populations in the United States. The resulting Institute of Medicine publication called for more knowledge of the health of LGBT populations, as well as improved methodologies to reach them, more LGBT-focused research, and enhanced training programs and cultural competency of physicians and researchers...
August 15, 2016: Journal of Acquired Immune Deficiency Syndromes: JAIDS
Sin Tung Lau, M Kathleen Pichora-Fuller, Karen Z H Li, Gurjit Singh, Jennifer L Campos
BACKGROUND: Most activities of daily living require the dynamic integration of sights, sounds, and movements as people navigate complex environments. Nevertheless, little is known about the effects of hearing loss (HL) or hearing aid (HA) use on listening during multitasking challenges. PURPOSE: The objective of the current study was to investigate the effect of age-related hearing loss (ARHL) on word recognition accuracy in a dual-task experiment. Virtual reality (VR) technologies in a specialized laboratory (Challenging Environment Assessment Laboratory) were used to produce a controlled and safe simulated environment for listening while walking...
July 2016: Journal of the American Academy of Audiology
Scott A Freeman
Many mentally ill people are currently held in correctional settings, and general psychiatrists should be familiar with criminal forensic psychiatry in order to understand the legal aspects of the evaluation and treatment of these individuals, especially with regard to competency to stand trial and insanity. This educational activity briefly explains these evaluations and reviews relevant landmark legal cases.
June 2016: Journal of Clinical Psychiatry
Patra Yeetong, Thierry Vilboux, Carla Ciccone, Kristin Boulier, Rhonda E Schnur, William A Gahl, Marjan Huizing, Gonzalo Laje, Ann C M Smith
We report a 25-year-old female confirmed to have Smith-Magenis syndrome (SMS) due to a de novo RAI1 variant. Her past history is significant for developmental and intellectual delay, early and escalating maladaptive behaviors, and features consistent with significant sleep disturbance, the etiology of which was not confirmed for over two decades. The diagnosis of SMS was initially suspected in 1998 (at age 12 years), but that was 5 years before the initial report of RAI1 variants as causative of the SMS phenotype; cytogenetic fluorescence in situ hybridization studies failed to confirm an interstitial deletion of 17p11...
September 2016: American Journal of Medical Genetics. Part A
Nathaniel Lehlohonolo Mosotho, Ino Timile, Gina Joubert
computed tomography and the Bender Gestalt Test are some of the tests used routinely for the assessment of alleged offenders referred under Sections 77 and 78 of the Criminal Procedure Act 51 of 1977. An exploratory retrospective study was conducted at the Free State Psychiatric Complex. The aim of this study was to identify the extent to which the Bender Gestalt Test results and the computed tomography scans are associated with outcomes in the assessment of competency to stand trial and criminal responsibility in individuals referred to the Free State Psychiatric Complex (FSPC) observation unit...
June 8, 2016: International Journal of Law and Psychiatry
Kirk W Lowry
I comment on the problem discussed by Simpson of criminal defendants who are found not competent, not restorable, and subject to involuntary civil commitment. He presents the 2010 case of Donn Thomas Spinosa in Oregon as an exemplar of serial nonrestorability. The facts of the Spinosa case are illustrative of a prosecutor who is frustrated by not being able to bring a criminal prosecution against a person who is not competent to stand trial and a state hospital that is proposing discharge of the person because he can no longer be civilly committed...
June 2016: Journal of the American Academy of Psychiatry and the Law
Joseph R Simpson
The landmark 1972 U.S. Supreme Court decision in Jackson v. Indiana prohibited the indefinite commitment of criminal defendants on grounds of incompetence to stand trial if there was no substantial probability of restoration to competency in the foreseeable future. Such defendants are still subject to ordinary civil commitment; however, not all will meet civil commitment criteria, given that the criteria for a finding of incompetency to stand trial do not map directly onto the general criteria for involuntary psychiatric hospitalization...
June 2016: Journal of the American Academy of Psychiatry and the Law
Cheryl M Paradis, Elizabeth Owen, Linda Z Solomon, Benjamin Lane, Chinmoy Gulrajani, Michael Fullar, Alan Perry, Sasha Rai, Tamar Lavy, Gene McCullough
Data were examined from an archival sample of Competency to Stand Trial (CST) reports of 200 consecutive New York City pre-trial defendants evaluated over a five-month period. Approximately a fourth of defendants in the present study were immigrants; many required the assistance of interpreters. The examiners conducting the CST evaluation diagnosed approximately half of the defendants with a primary diagnosis of a psychotic disorder and deemed over half not competent. Examiners reached the same conclusion about competency in 96% of cases, about the presence of a psychotic disorder in 91% of cases, and affective disorder in 85% of cases...
July 2016: International Journal of Law and Psychiatry
Anthony M Tarescavage, David M Glassmire
The Structured Interview of Reported Symptoms (SIRS) underwent a major revision in 2010 yielding the SIRS-2. The new test has since been criticized for several potential problems, particularly in terms of its sensitivity to feigned psychopathology. For this reason, the purpose of this study was to examine the concordance between SIRS and SIRS-2 classifications and sensitivity estimates in an archival sample of 263 criminal defendants (215 males, 48 females) who were admitted to a high-security state psychiatric hospital for restoration of competency to stand trial...
October 2016: Law and Human Behavior
Christoph Flückiger, Lena Forrer, Barbara Schnider, Isabelle Bättig, Guy Bodenmann, Richard E Zinbarg
BACKGROUND: Despite long-standing calls to disseminate evidence-based treatments for generalized anxiety (GAD), modest progress has been made in the study of how such treatments should be implemented. The primary objective of this study was to test three competing strategies on how to implement a cognitive behavioral treatment (CBT) for out-patients with GAD (i.e., comparison of one compensation vs. two capitalization models). METHODS: For our three-arm, single-blinded, randomized controlled trial (implementation of CBT for GAD [IMPLEMENT]), we recruited adults with GAD using advertisements in high-circulation newspapers to participate in a 14-session cognitive behavioral treatment (Mastery of your Anxiety and Worry, MAW-packet)...
January 2016: EBioMedicine
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