Competence to Stand Trial: Clinical and Legal Considerations (From Criminal Court Consultation, P 173-188, 1989, Richard Rosner, Ronnie B Harmon, eds. -- See NCJ-135552)

• NCJ Number: 135564
• Author(s): J R Ciccone
• Date Published: 1989
• Length: 16 pages
• Sale Source: Plenum Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

The evaluation of a defendant's competence to stand trial is one of the most important functions of forensic psychiatry and requires a careful psychiatric evaluation of the defendant after clarification of the question that the referring party is asking.

Abstract

This evaluation also requires a psychiatrist to have a working understanding of the criminal justice system and the issues involved in the defendant's specific charges. Knowledge of the specifics often requires the psychiatrist to talk with the defendant's attorney. After determining if a mental disorder is present, the psychiatrist considers how any of the impairments affect the defendant's competence to stand trial. Providing a well-written report gives the court relevant information and is an important framework for the psychiatrist's testimony. Among the issues still being resolved in court cases are the effects of amnesia on competence, the standard of proof, the right to a psychiatric examination and a hearing, and the application of the legal definition to specific cases. As the law on these issues evolves, psychiatrists will continue to have a crucial role by providing courts with information and reasoned opinions that will allow for just and humane decisions. 45 references (Author summary modified)