NCJ Number
60027
Journal
Journal of Consulting and Clinical Psychology Volume: 47 Issue: 3 Dated: (1979) Pages: 542-550
Date Published
1979
Length
9 pages
Annotation
PROCEDURES USED TO DETERMINE COMPETENCY TO STAND TRIAL GENERALLY FOCUS ON PSYCHIATRIC SYMPTOMS, WHICH MAY HAVE LITTLE RELATIONSHIP TO ABILITY TO ASSIST IN A DEFENSE. AN ALTERNATIVE PROCEDURE, AN EXPERT PANEL, IS SUGGESTED.
Abstract
COMPETENCY EVALUATION REPORTS PREPARED BY THE DOROTHEA DIX HOSPITAL IN NORTH CAROLINA FROM THE BASIS FOR THIS STUDY OF 140 DEFENDANTS JUDGED COMPETENT TO STAND TRIAL AND 130 JUDGED INCOMPETENT. THE FIRST REPORT WAS ISSUED 2 TO 3 DAYS AFTER ADMISSION TO THE HOSPITAL, THE LAST 6 TO 8 WEEKS LATER. BOTH REPORTS FOCUSED ON PSYCHIATRIC SYMPTOMS. THOSE FOUND INCOMPETENT GENERALLY EXHIBITED HALLUCINATIONS OR PROBLEMS WITH COGNITIVE FUNCTIONING, INAPPROPRIATE BEHAVIOR, AND SPEECH DISORGANIZATION. THEY WERE USUALLY LABELED PSYCHOTIC OR MENTALLY RETARDED. THE ONLY SYMPTOM MORE COMMON AMONG THOSE FOUND COMPETENT WAS DRUG OR ALCOHOL ABUSE. ALTHOUGH STATE PSYCHIATRIC EXAMINERS MAKE THEIR DETERMINATIONS IN GOOD FAITH, NO EVIDENCE SUPPORTS THE LINK BETWEEN PSYCHIATRIC SYMPTOMS AND INABILITY TO ASSIST IN ONE'S OWN DEFENSE. ALSO, FINAL REPORTS REACH MUCH THE SAME CONCLUSION AS REPORTS ISSUED AFTER 2 TO 3 DAYS OF OBSERVATION. THIS SUGGESTS THAT LENGTHY HOSPITALIZATION IS UNNECESSARY. AN ALTERNATIVE WOULD BE A PANEL OF PSYCHIATRIC AND LEGAL EXPERTS TO SCREEN DEFENDANTS SHORTLY AFTER THE MOTION FOR EVALUATION HAD BEEN MADE. FOR THOSE FOR WHOM AN IMMEDIATE DETERMINATION COULD NOT BE MADE (AN ESTIMATED 10 PERCENT), THE SCREENING PANEL WOULD CONTINUE THE EVALUATION DURING THE ACTUAL JUDICIAL PROCEEDING. IF THE EVENTUAL FINDINGS WERE INCOMPETENCY, ANY FINDING OF GUILTY WOULD BE SET ASIDE. SUCH A PANEL COULD SPEED THE TRIAL PROCESS, SAVE MONEY, AND ENSURE THAT THE LEGAL AS WELL AS THE PSYCHIATRIC PERSPECTIVE WAS REPRESENTED. TABLES WITH STUDY DATA AND REFERENCES ARE INCLUDED. (GLR)