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Incompetent to stand trial

Laura M Grossi, Debbie Green, Shanah Einzig, Brian Belfi
The present study evaluated the Response Bias scale (RBS), a symptom validity test embedded within the Minnesota Multiphasic Personality Inventory (MMPI)-2 Restructured Form (MMPI-2-RF) that assesses for feigned neurocognitive complaints, in a sample of pretrial incompetent to stand trial (IST) criminal defendants. Additionally, we examined the Improbable Failure (IF) scale, a performance validity test embedded within the Structured Interview of Reported Symptoms, Second Edition (SIRS-2), which similarly assesses for feigned cognitive impairment (FCI)...
August 8, 2016: Psychological Assessment
Gangqin Li, Thomas G Gutheil, Zeqing Hu
Laws and regulations about the forensic psychiatric systems in China and America were compared, and suggestions for improving the forensic psychiatric system of China were provided. There are many differences regarding the role of the forensic psychiatrist, the initiation of the assessment and the admission of expert opinion because of elements in the legal systems in China and America. The Chinese system has the advantages of objectivity, cost saving and high efficiency; but it has deficiencies in procedural justice and the admission of expert opinion...
July 2016: International Journal of Law and Psychiatry
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
Eraka Bath, Lauren Reba-Harrelson, Robyn Peace, Jie Shen, Honghu Liu
Competency to stand trial (CST) assessment of juvenile offenders is a relatively recent phenomenon, as are juvenile mental health courts. Factors associated with youths' ability to participate in legal proceedings are not well understood, regardless of the court venue. Using a sample of 324 juveniles participating in the Los Angeles County Juvenile Mental Health Court (LAJMHC), we sought to explore the relationships of age, mental health diagnosis, and history of mental health treatment to CST status. Results suggest youths under the age of 15 were significantly more likely to have been found incompetent to stand trial (IST) when compared with older youths (p = ...
September 2015: Journal of the American Academy of Psychiatry and the Law
Caleb Korngold, Kristen Ochoa, Talia Inlender, Dale McNiel, Renée Binder
Most immigrant detainees held in U.S. Immigration and Customs Enforcement (ICE) facilities do not have legal representation, because immigration proceedings are a matter of civil, not criminal, law. In 2005, Mr. Franco, an immigrant from Mexico with an IQ between 35 and 55, was found incompetent to stand trial, but was not appointed an attorney for his immigration proceedings. This failure led to a class action lawsuit, known as the Franco litigation, and in April 2013, a federal judge ordered the U. S. government to provide legal representation for immigrant detainees in California, Arizona, and Washington who are incompetent to represent themselves due to a mental disorder or defect...
September 2015: Journal of the American Academy of Psychiatry and the Law
Emily D Gottfried, B Lee Hudson, Michael J Vitacco, Joyce L Carbonell
Malingering is relatively common in criminal forensic evaluations as base rates of malingering have ranged from 20% to 30%. Given that the most prevalent criminal forensic evaluation is the assessment of competency to stand trial, the assessment of feigning during competency evaluations is necessary for accurate findings. Most of the response style literature focuses on feigning mental health symptoms, but in competency evaluations, individuals may attempt to feign legal knowledge deficits in order to be found incompetent to stand trial...
September 30, 2015: Assessment
Emily Gottfried, David Glassmire
The accurate assessment of feigning is an important component of forensic assessment. Two potential strategies of feigning include the fabrication/exaggeration of psychiatric impairments and the fabrication/exaggeration of cognitive deficits. The current study examined the relationship between psychiatric and cognitive feigning strategies using the Structured Interview of Reported Symptoms and Test of Memory Malingering among 150 forensic psychiatric inpatients adjudicated incompetent to stand trial. A greater number of participants scored within the feigning range on the Structured Interview of Reported Symptoms than on the Test of Memory Malingering...
August 7, 2015: Assessment
Joseph B Williams
Correctional psychiatrists can pursue authorization for forcible medication of pretrial detainees housed in a federal prison hospital through two pathways: an administrative process based upon the U.S. Supreme Court decision in Washington v. Harper and a judicial process founded on the Court's ruling in Sell v. United States. The pathway associated with Harper pertains to the involuntary treatment of a mentally ill inmate believed to be dangerous or gravely disabled, or both, to protect the inmate-patient and others from harm, whereas the avenue linked with Sell involves the forcible treatment of an incompetent pretrial defendant to restore competence to stand trial...
June 2015: Journal of the American Academy of Psychiatry and the Law
David M Glassmire, Parnian Toofanian Ross, Dominique I Kinney, Stephen R Nitch
Two studies were conducted to identify and cross-validate cutoff scores on the Wechsler Adult Intelligence Scale-Fourth Edition Digit Span-based embedded performance validity (PV) measures for individuals with schizophrenia spectrum disorders. In Study 1, normative scores were identified on Digit Span-embedded PV measures among a sample of patients (n = 84) with schizophrenia spectrum diagnoses who had no known incentive to perform poorly and who put forth valid effort on external PV tests. Previously identified cutoff scores resulted in unacceptable false positive rates and lower cutoff scores were adopted to maintain specificity levels ≥90%...
June 2016: Assessment
Jeremy Schreiber, Debbie Green, Michal Kunz, Brian Belfi, Gabriela Pequeno
The current study compared offender and offense characteristics of pretrial defendants found incompetent to stand trial (IST) against those described as general offenders by victims in the 2008 Bureau of Justice Statistics (BJS) survey and evaluated factors that differentiated IST defendants who allegedly used weapons from those who did not during the course of a violent offense. IST defendants were older and used "weapons" more frequently than those reported in the BJS survey; however, other characteristics, including use of firearms, did not differ...
June 2015: Behavioral Sciences & the Law
Katherine E McCallum, Nina MacLean, W Neil Gowensmith
The impact of ethnicity on clinicians' decision making has received a great deal of attention and research. Several studies have documented that client ethnicity significantly influences diagnoses, testing and assessment protocols, recommendations for treatment, and expected outcomes. However, there is limited research examining the impact of a criminal defendant's ethnicity upon forensic mental health experts. To examine this issue, the authors reviewed 816 forensic reports on competency to stand trial submitted to the Hawaii judiciary between 2007 and 2008 and compared recommendation rates across categories of defendant ethnicity...
March 2015: International Journal of Law and Psychiatry
Parnian Toofanian Ross, Claudia B Padula, Stephen R Nitch, Dominique I Kinney
Intact cognition is a foundational component of one's ability to be competent to stand trial. Given the cost of assessing and treating incompetence, it is recommended that clinicians develop efficient methods to identify individuals who are most likely to require intensive competence-related treatment interventions. This study sought to ascertain whether a brief cognitive screening instrument, the Repeatable Battery for the Assessment of Neuropsychological Status (RBANS), could predict the length of stay required to restore trial competency among 288 forensic psychiatric inpatients undergoing competency restoration treatment...
2015: Clinical Neuropsychologist
Naomi M Weinstein
This article considers the legal implications of conditional release in both the civil and criminal parts of the law. In the criminal context, conditional release takes the form of probation and parole. It also involves persons who are found to be incompetent to stand trial or not guilty by reason of insanity. In the civil context, conditional release exists for persons with mental illness and sex offenders who face mandatory outpatient treatment. The public policy behind conditional release is to allow certain persons the least restrictive alternative with proper oversight that will prevent the person from recidivating or being re-hospitalized...
September 2014: Behavioral Sciences & the Law
Gina M Manguno-Mire, Kelly L Coffman, Sarah M DeLand, John W Thompson, Leann Myers
The present study investigated the empirically based factors that predicted success on conditional release among a sample of individuals conditionally discharged in Louisiana. Not guilty by reason of insanity acquittees and individuals on conditional release/discharge for incompetency to stand trial were included in the study. Success on conditional release was defined as maintenance of conditional release during the study period. Recidivism (arrest on new charges) and incidents were empirically evaluated. Success on conditional release was maintained in over 70% of individuals...
September 2014: Behavioral Sciences & the Law
Andrew Sammons
Competence to stand trial is necessary for a defendant in criminal adjudication. Recent estimates indicate that between 50,000 and 60,000 defendants in the United States raise the question of competence each year, with approximately 20 percent found incompetent to stand trial (IST). Most of these defendants are committed to an inpatient facility for competence restoration. Although psychopharmacological intervention is a critical component of restoration, as most defendants are found incompetent because of a psychotic disorder, many other modalities of treatment are used...
2014: Journal of the American Academy of Psychiatry and the Law
Kevin Rice, Jerry L Jennings
In 29 months of operation, the restoration of competency (ROC) program provided treatment services to 192 incompetent to stand trial patients in a jail setting. The ROC restored competency for 55% of the patients in an average of 57 days compared to the state hospital average of 180 days. The average cost of treatment/restoration per admission was $15,568 compared to the state hospital average of $81,000. The ROC model accelerates needed treatment for mentally ill defendants, cuts demand for costly state hospital forensic beds, and assists jails in better managing inmates with severe psychiatric disorders--yielding major cost savings and improved care...
January 2014: Journal of Correctional Health Care
Erika Vacchelli, Alexander Eggermont, Catherine Sautès-Fridman, Jérôme Galon, Laurence Zitvogel, Guido Kroemer, Lorenzo Galluzzi
Oncolytic virotherapy is emerging as a promising approach for the treatment of several neoplasms. The term "oncolytic viruses" is generally employed to indicate naturally occurring or genetically engineered attenuated viral particles that cause the demise of malignant cells while sparing their non-transformed counterparts. From a conceptual standpoint, oncolytic viruses differ from so-called "oncotropic viruses" in that only the former are able to kill cancer cells, even though both display a preferential tropism for malignant tissues...
June 1, 2013: Oncoimmunology
Barbara E McDermott, Isah V Dualan, Charles L Scott
Incentives to malinger vary greatly dependent on the context, as does the prevalence. Malingering in the medico-legal context of the criminal courts is generally for one of two purposes: to present as incompetent to stand trial or to successfully plead not guilty by reason of insanity. Estimates of the prevalence of malingering in these contexts vary between 8 and 21%. The prevalence of malingering increases dramatically in a general offender sample, where the external incentive is likely to be substantially different...
May 2013: International Journal of Law and Psychiatry
Liban Rodol, Martin F Epson, Joseph D Bloom
There has been a long-standing link between the civil and criminal commitment procedures for individuals found incompetent to stand trial (IST). In the criminal system, when restoration of competency fails to be realized in a reasonable time, the civil commitment process becomes the default system for commitment. While there have been recent calls for improved mechanisms for predicting competence restorability, there has been little attention paid to individuals who can oscillate indefinitely between commitment in both the criminal and civil systems...
2013: Journal of the American Academy of Psychiatry and the Law
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