Developing and Using Forensic Assessment Instruments

Grisso, Thomas

doi:10.1007/978-1-4899-5046-8_11

Cited by 265 publications

(603 citation statements)

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“…As such, it is the process of how the patient arrives at the decision and the extent to which the person's decision-making skills and abilities meet the demands of the situation (Grisso, 2003), rather than whether the decision is rational or sensible, that is the focus of the question.…”

Section: The Legal Positionmentioning

confidence: 99%

Homeward bound or bound for a home? Assessing the capacity of dementia patients to make decisions about hospital discharge: Comparing practice with legal standards

Emmett

Poole

Bond

et al. 2013

International Journal of Law and Psychiatry

103

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Northumbria University has developed Northumbria Research Link (NRL) to enable users to access the University's research output. Copyright © and moral rights for items on NRL are retained by the individual author(s) and/or other copyright owners. Single copies of full items can be reproduced, displayed or performed, and given to third parties in any format or medium for personal research or study, educational, or not-for-profit purposes without prior permission or charge, provided the authors, title and full bibliographic details are given, as well as a hyperlink and/or URL to the original metadata page. The content must not be changed in any way. Full items must not be sold commercially in any format or medium without formal permission of the copyright holder. The full policy is available online: http://nrl.northumbria.ac.uk/policies.html This document may differ from the final, published version of the research and has been made available online in accordance with publisher policies. To read and/or cite from the published version of the research, please visit the publisher's website (a subscription may be required.) Results: Our findings suggest that whilst professionals profess to be familiar with broad legal standards governing the assessment of capacity under the MCA, these standards are not routinely applied in practice in general hospital settings when assessing capacity to decide place of residence on discharge from hospital. We discuss whether the criteria set out in the MCA and the guidance in its Code of Practice are sufficient when assessing residence capacity, given the particular ambiguities and complexities of this capacity. Conclusions:We conclude by suggesting that more specific legal standards are required when assessing capacity in this particular context.

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Section: The Legal Positionmentioning

confidence: 99%

Homeward bound or bound for a home? Assessing the capacity of dementia patients to make decisions about hospital discharge: Comparing practice with legal standards

Emmett

Poole

Bond

et al. 2013

International Journal of Law and Psychiatry

103

View full text Add to dashboard Cite

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“…Past analyses of the legal concept of adjudicative competence have outlined the specific functional abilities about which the law is concerned in competence cases (Grisso, 2002), as well as their classification into broader psycholegal constructs (e.g., Understanding, Reasoning, Appreciation: see Grisso & Appelbaum, 1998;Hoge et al, 1997;Otto et al, 1998;Poythress et al, 1999). These abilities focus on the fundamental aspects of adjudicative competence, or what Bonnie (1992Bonnie ( , 1993 called "competence to proceed": a basic comprehension of the purpose and nature of the trial process (Understanding), the capacity to provide relevant information to counsel and to process information (Reasoning), and the ability to apply information to one's own situation in a manner that is neither distorted nor irrational (Appreciation).…”

Section: A Comparison Of Adolescents' and Adults' Capacities As Trialmentioning

confidence: 99%

Juveniles' competence to stand trial: A comparison of adolescents' and adults' capacities as trial defendants.

Grisso

Steinberg

Woolard

et al. 2003

Law and Human Behavior

Self Cite

363

273

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Abilities associated with adjudicative competence were assessed among 927 adolescents in juvenile detention facilities and community settings. Adolescents' abilities were compared to those of 466 young adults in jails and in the community. Participants at 4 locations across the United States completed a standardized measure of abilities relevant for competence to stand trial (the MacArthur Competence Assessment Tool-Criminal Adjudication) as well as a new procedure for assessing psychosocial influences on legal decisions often required of defendants (MacArthur Judgment Evaluation). Youths aged 15 and younger performed more poorly than young adults, with a greater proportion manifesting a level of impairment consistent with that of persons found incompetent to stand trial. Adolescents also tended more often than young adults to make choices (e.g., about plea agreements) that reflected compliance with authority, as well as influences of psychosocial immaturity. Implications of these results for policy and practice are discussed, with an emphasis on the development of legal standards that recognize immaturity as a potential predicate of incompetence to stand trial.

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“…(See Grisso, 1986, for a more detailed description of the approach used here for the development of instruments to assess psychological abilities related to legal standards.) We operationalized the relationships between the legal standards and relevant psychological functions in the following ways.…”

Section: (Eg President's Commission For the Study Of Ethical Problmentioning

confidence: 99%

“…Courts' descriptions of the legal standard for rational manipulation (reasoning) refer to the quality of an individual's cognitive abilities that are employed in the process of using information to arrive at a decision (Appelbaum & Grisso, 1988Grisso, 1986 Tepper & Elwork, 1984). This standard refers to the quality of the individual's mental operations while deciding, not the quality, rationality, or reasonableness of the person's actual choice.…”

Section: (Eg President's Commission For the Study Of Ethical Problmentioning

confidence: 99%

The MacArthur Treatment Competence Study. III: Abilities of patients to consent to psychiatric and medical treatments.

Grisso

Appelbaum

1995

Law and Human Behavior

Self Cite

438

238

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JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org.Springer is collaborating with JSTOR to digitize, preserve and extend access to Law and Human Behavior. This article reports the development and psychometric properties of three standardized and objectively scored measures, the MacArthur Treatment Competence Research Instruments. They were designed to assess abilities related conceptually to four legal standards for competence to consent to treatment: understanding, appreciation, rational manipulation (reasoning), and expressing a choice. Scoring reliability, internal consistency, intertest correlations, and test-retest correlations were examined with data from samples of hospitalized patients with schizophrenia, major depression, and ischemic heart disease, as well as matched non-ill community samples. The results indicate very good interscorer reliability and provide guidance for the use of the instruments and interpretation of their results in future research on patients' decisional abilities in treatment contexts.

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Developing and Using Forensic Assessment Instruments

Cited by 265 publications

References 0 publications

Homeward bound or bound for a home? Assessing the capacity of dementia patients to make decisions about hospital discharge: Comparing practice with legal standards

Homeward bound or bound for a home? Assessing the capacity of dementia patients to make decisions about hospital discharge: Comparing practice with legal standards

Juveniles' competence to stand trial: A comparison of adolescents' and adults' capacities as trial defendants.

The MacArthur Treatment Competence Study. III: Abilities of patients to consent to psychiatric and medical treatments.

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