NCJ Number
130335
Journal
Criminal Justice and Behavior Volume: 18 Issue: 2 Dated: (June 1991) Pages: 146-158
Date Published
1991
Length
13 pages
Annotation
The evaluation of a condemned prisoners' competency to be executed is discussed with particular focus on its legal context and clinical aspects.
Abstract
The two components of the legal context pertain to the substantive legal test according to the Criminal Justice Mental Health Standards and to procedural requirements of competency proceedings outlined in the Supreme Courts' Ford versus Wainwright 1986 decision. A discussion of competency assessment focuses on its unique aspects covering ethical issues and disclosure or purpose of the assessment. Assessment techniques, particularly those determining competency to communicate with an attorney and those evaluating functional capacity are reviewed. Clinicians conducting competency evaluation are advised to avoid answering legal questions and to limit expert testimony or reports to functional assessment of adjustment and behavior as it relates to relevant legal tests. These include a prisoners ability to understand the nature of the sentence and penalty and to assist and work with counsel. 3 notes and 27 references (Author abstract modified)