COSIG CONFERENCE BROCHURE.pdf - Drexel University College ...

COSIG Co-Occurring Disorders Conference, Hershey PA, May 15-17, 2006
Competence: A Historical Perspective
• Medieval Common Law: if the defendant
does not enter a plea they could be forced
to do so, sometimes by dramatic methods.
• Barbarism later replaced by use of a jury;
– If the jury found the accused incapable of
standing trial then prison was the place to
learn (This issue finally addressed in Jackson
vs. Indiana, 1992).
Cont’d
• Codified standards for use of a jury began
in the late 1700’s.
• Eventually the standard for competency
placed heavy emphasis on the person’s
cognitive capacity:
– Possess sufficient reason to understand
charges
– Ability to participate in the trial in one’s own
defense.
Standards for Assessment
• Clinician must distinguish between
“competence” and other clinical /legal
issues such as:
– Presence of psychosis
– Suitability for civil involuntary commitment
– Responsibility for criminal acts
• A standardized protocol with a rating scale
is recommended (validity and reliability).
McGarry Guidelines
• 1. Ability to appraise the legal defenses
available
• 2. Level of unmanageable behavior.
• 3. Quality of relating to attorney
• 4. Ability to plan legal strategy*
• 5. Ability to appraise the roles of various
participants in the courtroom proceedings*
• 6. Understanding of court procedure*
• 7. Appreciation of the charges
• 8. Appreciation of the range and nature of
possible penalties
• 9. Ability to appraise the likely outcomes*
• 10. Capacity to disclose pertinent facts to
attorney
• 11. Capacity to challenge prosecution witnesses
realistically
• 12. Capacity to testify relevantly
• 13. Manifestation of self-serving vs. selfdefeating
motivation
Role of the Mental Health Professional
in Determining Competence
• Competence is determined by a judge but
clinicians now almost always assist.
• Contemporary concerns revolve around
constitutional concerns and maintaining
faith in the criminal justice system.
• Competence evaluation is required if there
is “a bona fide doubt’ re: competence to
stand trial.
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