Competency to Stand Trial

Ronald G. Roesch · Kaitlyn McLachlan

253 citations0/0 files storedThe Corsini Encyclopedia of Psychology

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Healthcare Decision-Making and Restraints Criminal Law and Policy Psychopathy, Forensic Psychiatry, Sexual Offending

Abstract

Abstract 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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1982Mentally disordered offenders: A national survey of patients and facilities.2002The practice of forensic psychology: A look toward the future in light of the past.1991Competent and incompetent criminal defendants: A quantitative review of comparative research.2011A meta-analytic review of competency to stand trial research.2007AAPL Practice Guideline for the forensic psychiatric evaluation of competence to stand trial.2001The relationship between criminal charges, diagnoses, and psycholegal opinions among federal pretrial defendants 1997The competence of adolescents as trial defendants.1994The dimensions of dangerousness revisited: Assessing forensic predictions about violence.

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