Factors affecting referral to determine competency to stand trial

A Brief, Immediate Screening Interview To Determine Competency To Stand Trial

A study designed to provide some preliminary information on the feasibility of a brief, community-based evaluation as an alternative to a more lengthy, institutionally based evaluation to determine a defendant's competency to proceed with trial is described. The article suggests not only that a community-based evaluation is feasible and results in a reduced cost and an increase in the protection of individual rights, but also that an evaluation which focuses on legal rather than psychiatric criteria is a sufficient basis for providing the courts with information about a defendant's competency.

Fitness, responsibility, and judicially ordered assessments

OBJECTIVE

To compare the characteristics of individuals assessed for fitness to stand trial (FST) with those assessed for criminal responsibility (CR).

METHOD

This study examines all the consecutive requests of FST or CR addressed to the only forensic psychiatric hospital in the province of Quebec and 2 prisons in the Montreal area over a 1-year period.

RESULTS

In all, 170 FST, 52 CR, and 29 both FST and CR assessment requests were received (251 subjects). Psychiatrists' recommendations and court verdicts of unfitness to stand trial or not criminally responsible on account of mental disorders were mostly related to the presence of a psychotic-spectrum disorder. There is generally a good agreement between psychiatric recommendations and verdicts of the court, with the exception of unfitness recommendations.

CONCLUSIONS

Defendants referred for a FST or a CR assessment displayed similar characteristics. However, although subjects with psychotic disorders represented more than one-half of the unfit or not criminally responsible verdicts, most of the subjects with psychoses were found competent to stand trial or responsible.

Pre-trial assessment of schizophrenics on remand

This paper examines the clinical and legal outcomes of a consecutive series of 52 schizophrenic patients remanded to a Forensic Assessment Unit. Typically patients were isolated single males who were unemployed, living on Social Security and had a history of multiple psychiatric hospitalizations. Less than half had previous convictions and about one-third had previous incarcerations. Nearly all were acutely ill on admission and received antipsychotic medication. Seventy-one percent were returned to court fit to stand trial and the remainder were diverted from the criminal justice system. None were found unfit to stand trial. This was achieved by discussions between crown and defence lawyer and psychiatrist near the end of the remand period. Court reports did not make recommendations about legal disposition but did outline the treatment available whatever the legal outcome. It is concluded that these people were treated in legally and medically appropriate ways.

Forensic psychology: an empirical review of experimental research

The present paper evaluated the first 11 years of experimental research (1973-1983) publications, with a focus on forensic psychology, that were cited in Psychological Abstracts. Articles were reviewed for type of methodology and statistical analyses employed as well as the relationship between the number of empirical and nonempirical articles. Trends in publications are presented, and the type of empirical research is evaluated. Results indicate: a paucity of experimental research; a significant difference between empirical and nonempirical publications; and a transition--albeit based on a limited number of research publications--from descriptive to correlational and experimental research over time.

Time analysis of patients seen for multiple psychiatric evaluations of competency

Changes over time for a total of 137 individuals who were referred for multiple psychiatric examinations for competency were analyzed, using data on the evaluation of competency, psychiatric diagnoses, and criminal charges. Despite the fact that most of the subjects were repeatedly diagnosed as mentally ill, most of them were found competent. The only diagnoses which seemed to repeatedly be made were schizophrenia and mental retardation. The recurrence of certain serious criminal charges against the same defendants was reported and discussed. Suggestions for future research were made.