NCJ Number
51273
Journal
Criminal Justice and Behavior Volume: 5 Issue: 3 Dated: (SEPTEMBER 1978) Pages: 241-248
Date Published
1978
Length
8 pages
Annotation
A SCREENING INTERVIEW IS TESTED AS AN ALTERNATIVE TO TRADITIONAL HOSPITAL-BASED DETERMINATIONS OF COMPETENCY TO STAND TRIAL. THE COMMUNITY-BASED INTERVIEW IS FOUND SATISFACTORY AND INEXPENSIVE.
Abstract
AFTER DISCUSSING THE PROBLEMS WHICH CAN OCCUR WITH INSTITUTIONALLY-BASED PSYCHIATRIC EVALUATION OF COMPETENCY TO STAND TRIAL, A STUDY IS DESCRIBED WHICH TESTS A COMMUNITY-BASED EVALUATION SYSTEM. THE MAJOR PROBLEMS OF HOSPITAL EVALUATIONS ARE COST, A FAILURE TO ADEQUATELY ADDRESS THE LEGAL QUESTIONS INVOLVED IN COMPETENCY DETERMINATION, AND MISUSE OF THE PROCEDURE TO DELAY TRIAL. THE STUDY USED DOUBLE EVALUATION OF 30 DEFENDANTS REFERRED TO DOROTHEA DIX HOSPITAL, RALEIGH, N.C., BETWEEN MARCH 1 AND MAY 15, 1976. FIRST FOUR TEAMS, EACH CONSISTING OF TWO TRAINED MENTAL HEALTH PROFESSIONALS, EVALUATED THE DEFENDANTS AFTER INTERVIEWS TAKING ABOUT 30 MINUTES APIECE. THEN THE DEFENDANTS WERE EVALUATED BY HOSPITAL STAFF. THERE WAS COMPLETE AGREEMENT BETWEEN EVALUATIONS FOR 25 OF THE 27 DEFENDANTS JUDGED COMPETENT BY HOSPITAL STAFF AND FOR 2 OF THE 3 FOUND INCOMPETENT BY THE HOSPITAL. THIS HIGH RATE OF AGREEMENT POINTS TO THE FACT THAT MOST DECISIONS ABOUT COMPETENCY ARE STRAIGHTFORWARD AND THAT HOSPITALIZATION IS NOT NECESSARY. ALSO, THE OUT-PATIENT INTERVIEWS FOCUSED ON LEGAL ASPECTS OF COMPETENCY, THE PERSON'S ABILITY TO UNDERSTAND THE LEGAL PROCEEDINGS AND PARTICIPATE IN THE DEFENSE. THIS STUDY INDICATES THAT A SMALL NUMBER OF CASES MAY REQUIRE FURTHER EVALUATION, BUT THAT COMMUNITY-BASED INTERVIEWS CAN REDUCE BOTH THE DELAY AND THE COST OF COMPETENCY EVALUATIONS. REFERENCES ARE APPENDED. (GLR)