NCJ Number
169936
Journal
Law and Human Behavior Volume: 21 Issue: 2 Dated: (April 1997) Pages: 141-179
Date Published
1997
Length
39 pages
Annotation
This article presents the legal framework, assessment strategy, instrument description, psychometric properties, and construct validation of the MacArthur Structured Assessment of the Competencies of Criminal Defendants (MacSAC-CD).
Abstract
Reflecting the theory of defendant competence in the criminal process summarized in this article, the MacSAC-CD protocol of measures assesses capacities related to competence to assist counsel as well as capacities related to decisionmaking competence. Competence to assist counsel refers to the three minimum conditions legally required for participating in one's own defense: the capacity to understand the charges, the nature and purpose of criminal prosecution, and the basic elements of the adversarial system; the capacity to relate pertinent information to counsel concerning the facts of the case; and the capacity to appreciate one's situation as a defendant in a criminal prosecution. Decisionmaking competence refers to the ability to make the specific decisions that are encountered in the process of criminal adjudication. Several capacities may be relevant, depending on the governing legal standards: the capacity to understand information relevant to the specific decision at issue, the capacity to weigh and consider information to reach a decision, the capacity to appreciate one's situation as a defendant confronted with a specific legal decision, and the capacity to express a choice among alternatives. Data were collected from three groups of criminal defendants in Virginia and Florida. All subjects were male and between the ages of 18 and 65. Defendants with diagnoses of mental retardation or serious organic disorders were excluded from the sample. Study findings show that the measures meet or exceed accepted indices of internal consistency and interscorer agreement. Observed patterns of correlations among measures support the underlying theoretical structure of competence-related abilities. Moreover, the MacSAC-CD distinguishes groups of competent and incompetent defendants; reflects changes in competence status; and correlates positively with clinical judgments, negatively with psychopathology and impaired cognitive functioning, and negligibly with cynicism toward the justice system. 12 tables, 1 figure, and 51 references