Assessing Adjudicative Competency

Skeem, Jennifer L.; Emke-Francis, Paula; Golding, Stephen L.

doi:10.1016/b978-012524196-0/50010-3

Cited by 4 publications

(1 citation statement)

References 59 publications

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“…The second relevant aspect of the competency construct is that no fixed set of psycholegal abilities can define it ( Drope v. Missouri, 1975; Poythress et al, 1999; Roesch & Golding, 1980). The abilities required to competently stand trial vary, depending on the functional context of the case (e.g., the defendant, the charges, the evidence, available trial strategies; see Golding, 1993; Skeem, Golding, & Emke-Francis, 2004). The open-textured nature of the competency construct raises questions about highly structured competency assessment instruments (e.g., Lipsitt et al, 1971; Wildman et al, 1978).…”

Section: Aspects Of the Competency Construct That Inform Instrument E...mentioning

confidence: 99%

Factor structure and validity of the MacArthur Competence Assessment Tool--Criminal Adjudication.

Zapf¹,

Skeem²,

Golding³

2005

Psychological Assessment

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Examination of the available literature regarding the development of the MacArthur Competence Assessment Tool-Criminal Adjudication (MacCAT-CA) reveals 2 theoretical factor structures on which the MacCAT-CA was based: one in which 3 lower-order constructs are proposed (understanding, reasoning, appreciation) and one in which 2 higher-order constructs are proposed (competence to assist counsel and decisional competence). Confirmatory factor analyses were conducted with the MacCAT-CA's original normative sample (N = 729) to test both the relative fit of these 2 theoretical factor structures and models that combine the 2 factor structures. Analyses were also completed to examine the convergent and discriminant validity of the MacCAT-CA. Results are discussed in terms of the strengths and weaknesses of the nomothetic nature of the MacCAT-CA.

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Section: Aspects Of the Competency Construct That Inform Instrument E...mentioning

confidence: 99%

Factor structure and validity of the MacArthur Competence Assessment Tool--Criminal Adjudication.

Zapf¹,

Skeem²,

Golding³

2005

Psychological Assessment

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Competency to Stand Trial

Roesch¹,

McLachlan²

2010

The Corsini Encyclopedia of Psychology

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Defendants can be found incompetent to stand trial, under provisions in criminal law, if they are unable to understand their legal circumstances and participate adequately in their defense. If they are found incompetent, further judicial proceedings are suspended until their competency has been restored. The purposes behind this procedure are to ensure that defendants receive a fair trial and to preserve the dignity of the adversarial process (Melton, Petrila, Poythress, & Slogobin, 2007). The competency standard that is currently recognized by the courts was established in Dusky v. United States (362 U.S. 402, 1960), which holds that defendants must be able to consult with an attorney and have a rational and factual understanding of the proceedings.

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Psycholegal Abilities and Restoration of Competence to Stand Trial

Morris

DeYoung

2012

Behavioral Sci & The Law

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Criminal defendants adjudicated incompetent to stand trial are typically hospitalized for competence restoration in state institutions. Prolonged restoration hospitalizations involve civil rights concerns and increasing financial costs, and there remains interest in determining which individuals are likely to be successfully restored. We retrospectively reviewed hospital records of 455 male defendants admitted to a forensic treatment center for competence restoration in an effort to determine whether psychiatric diagnoses, demographic factors, or psycholegal abilities were predictive of successful or failed restoration. At varying stages of restoration efforts, psychotic disorder, mental retardation, and previous state hospitalization predicted unsuccessful restoration, while substance use and personality disorders were predictive of successful restoration. Psycholegal abilities were predictive of successful restoration and appeared to form a continuum, with basic behavior and outlook, factual legal understanding, and rational attorney assistance factors demonstrating progressively increased importance in successful restoration.

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Assessing Adjudicative Competency

Cited by 4 publications

References 59 publications

Factor structure and validity of the MacArthur Competence Assessment Tool--Criminal Adjudication.

Factor structure and validity of the MacArthur Competence Assessment Tool--Criminal Adjudication.

Competency to Stand Trial

Psycholegal Abilities and Restoration of Competence to Stand Trial

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