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Competence to Stand Trial Evaluations: Just the Basics

  • Formaat: 159 pages
  • Ilmumisaeg: 18-Mar-2014
  • Kirjastus: Professional Resource Exchange Inc
  • ISBN-10: 1568872038
  • ISBN-13: 9781568872032
Teised raamatud teemal:
  • Formaat: 159 pages
  • Ilmumisaeg: 18-Mar-2014
  • Kirjastus: Professional Resource Exchange Inc
  • ISBN-10: 1568872038
  • ISBN-13: 9781568872032
Teised raamatud teemal:
This book offers general guidelines for a psychologist to use in evaluating the competence of a defendant to stand trial. After chapters that provide the legal definition of competence and an explanation of basic forensic concepts, it guides the reader in selecting the method to use in conducting a competency evaluation, collecting and interpreting the data, and preparing a solid competence report. Grisso refers throughout to his five components for assessing a defendant's competence: functional, causal, interactive, conclusory and dispositional. The book is appropriate for use in a continuing education workshop, a classroom, a seminar, or professional training. But it is best followed by consultation of more advanced resources. The work closes with five appendixes: a list of advanced books and journals to consult in making competency evaluations, a list of 14 relevant federal and state cases, a list of five methods, such as McGarry's Competency Functions to use in evaluating an individual's competence to stand trial, a list of six instruments designed to assess competence, and a 10 page sample evaluation report. A four page glossary of common terms is also provided. Annotation ©2014 Ringgold, Inc., Portland, OR (protoview.com)

Thomas Grisso offers a superb primer on competently conducting CST evaluations. The step-by-step process from collecting the data to writing your report is presented in a clear and concise manner with appendices to aid further study. Competency to stand trial evaluations are among the most common forensic evaluation referrals in criminal and juvenile courts nationwide. This title provides a review of the most fundamental concepts and methods for performing these evaluations. It includes the essential legal and conceptual background, how to select the right data-collection methods, a step-by-step process for performing competency interviews and data collection, a framework for interpreting them, and how to write the report. Competency to Stand Trial Evaluations: A Manual for Practice, was the first text Dr Thomas Grisso wrote on this topic. As in that work, Competency to Stand Trial Evaluations: Just the Basics, is organized according to Grisso's now-classic structure that identifies "five components" for legal competencies, each leading to five objectives that frame the whole evaluation process in competency to stand trial cases. Beyond those similarities, this new work has been substantially revised to include new case law, new methods, and new guidance based on the latest research on competency to stand trial. Writing in the style of a senior mentor's advice, Grisso has distilled this process into the "least you need to know" for performing creditable evaluations and reports. Consistent with its streamlined objectives, this book informs practice that is consistent with the latest methods and research, but it leaves the detailed analyses to other references. This book offers ample direction to resources where you can find that advanced information as you further develop your skills for competent evaluations. This book is an ideal first-exposure to competency to stand trial evaluations for graduate students, clinicians who are re-tooling for forensic practice, undergraduates who are getting their "first look" at forensic psychology, as a refresher course on recent evaluation techniques for those already conducting such evaluations & appearing in court, and as pre-meeting reading for participants in competency to stand trial workshops.
Preface iii
Getting Started xi
Chapter 1 Legal Definition Of Competence To Stand Trial
1(14)
The Reason for the Competence Doctrine
2(1)
Sources of Law Defining Competence to Stand Trial
3(1)
The Legal Standard for Competence to Stand Trial
4(3)
The Dusky Standard
4(1)
Unity of the Legal Concept of Competence to Stand Trial
5(1)
Competence in Juvenile Court
6(1)
The Legal Process for Competence to Stand Trial
7(4)
Raising the Question
8(1)
The Evaluation
9(1)
Hearing on Competence
9(1)
Disposition for Incompetence Findings
10(1)
Remediation and Reevaluation
11(1)
Common Misconceptions About Competence to Stand Trial
11(4)
Competence and Mental Illness
11(1)
Competence and Criminal Responsibility
12(1)
Legal Competence and the Competence Evaluation
12(1)
Competence and the Adjudication Process
13(2)
Chapter 2 Forensic Concepts To Guide Competence Evaluations
15(14)
The Functional Objective
15(4)
Types of Competence Abilities
16(1)
The "Factual" and "Rational" Understanding Concepts
16(1)
The "UARC" Concepts
17(2)
The Causal Objective
19(3)
Causes Allowing for a Finding of Incompetence
19(1)
Causes Typically Not Allowing for a Finding of Incompetence
20(1)
Response Style as a Source of Impaired Functioning
21(1)
The Interactive Objective
22(2)
The Conclusory Objective
24(2)
The Dispositional Objective
26(1)
A Comment on Irrelevant Objectives
27(1)
Objectives for Types of Competence to Stand Trial Evaluations
27(2)
Chapter 3 Selecting Methods
29(20)
Data for the Functional Objective
30(10)
Semistructured Interviews and Standardized Approaches
30(2)
Idiographic Standardized Methods
32(2)
Nomothetic Standardized Methods
34(2)
Standardized Methods for Special Populations
36(3)
Archival and Observational Data
39(1)
Data for the Causal Objective
40(4)
Archival and Third-Party Observational Data
40(1)
Psychopathology: Mental Status Interview Methods and Tests
40(2)
Intellectual Functioning (Developmental Disability)
42(1)
Organic Mental Disorders
42(1)
Developmental Immaturity
43(1)
Dissimulation
43(1)
Data for the Interactive Objective
44(1)
Data for the Conclusory Objective
45(1)
Data for the Dispositional Objective
46(3)
Methods for Assessing Remediability
46(1)
Assessing Treatment Options
47(2)
Chapter 4 Collecting The Data
49(18)
Preparation
49(4)
Taking the Case
49(2)
Clarifying the Question
51(1)
Obtaining Background Information
52(1)
Scope and Setting of Evaluations
53(1)
Accountability
54(2)
Producing a Record
54(1)
Attorney Notification and Presence to Monitor the Evaluation
54(1)
Audiotaping the Evaluation
55(1)
Defendant Preparation
56(2)
Conducting the Evaluation with the Defendant
58(5)
Inquiry About Background and History
58(1)
Clinical Inquiry
59(1)
Inquiry About Current Alleged Offense
59(1)
Assessing Competence Abilities
60(3)
Special Considerations in Competence Evaluations of Juveniles
63(4)
Parent Interviews
63(1)
Multiple Sessions
64(1)
Data Collection Methods
65(1)
Developmental History
65(1)
After the Evaluation Session
65(2)
Chapter 5 Interpreting The Data
67(22)
Functional Objective: Inferences About Type and Degree of Deficits in Competence Abilities
67(9)
Deficits in Understanding
69(3)
Deficits in Appreciation
72(2)
Deficits in Reasoning
74(1)
Deficits in Communication
75(1)
Causal Objective: Inferences to Explain Deficits in Competence Abilities
76(5)
Inferences About Delusional Beliefs
76(2)
Inferences About Developmental Immaturity
78(2)
Inferences About Feigning and Malingering
80(1)
Interactive Objective: Inferences About the Significance of Deficits
81(3)
Conclusory Objective: Reaching a Conclusion About Competence or Incompetence
84(2)
Dispositional Objective: Inferences About Remediation
86(3)
The Dispositional Questions
86(2)
Competence Remediation Programs
88(1)
Chapter 6 Communicating Findings
89(14)
Guidance for Communication of Competence Evaluations
89(4)
The Court
90(1)
Defense Counsel
91(1)
The Defendant
91(1)
The Public
92(1)
Functions of Competence Reports
93(1)
Competence Reports are Legal Documents
93(1)
Competence Reports are Forensic Documents
93(1)
Competence Reports are Read by Nonclinicians
94(1)
Organization and Content of Competence Reports
94(5)
Referral Question and Identifying Information
94(1)
Methods of Evaluation
95(1)
Clinical Information
95(3)
Opinions and Recommendations
98(1)
Matters of Style in Competence Reports
99(4)
Be Careful and Definitive
99(1)
Focus on the Referral Question
99(1)
Strike a Balance on Detail
100(1)
Put the Reader in Your Office
100(1)
Avoid Prejudicial Content
101(1)
Explain, Explain, Explain
102(1)
Chapter 7 The Context For Competence Evaluations
103(12)
Where Competence Evaluations are Performed
103(1)
How Courts Obtain Competence Evaluations
104(1)
How Examiners Acquire Referral Information
105(2)
Why the Question Was Raised
106(1)
Inappropriate Referrals
106(1)
Getting Records
107(1)
How Systems Control the Quality of Competence Evaluations
107(3)
Requirements for Procedures and Methods
108(1)
Qualification, Certification, and Continuing Education Systems
108(1)
The Trial Process as Quality Control
109(1)
Going Forward
110(5)
APPENDICES
Appendix A Advanced Resources for Competence to Stand Trial Evaluations
115(4)
Appendix B Legal Cases Relevant for Competence to Stand Trial
119(4)
Appendix C Ways to Describe Abilities and Trial Demands Relevant for Competence to Stand Trial
123(6)
Appendix D Obtaining Instruments to Assess Competence to Stand Trial Abilities
129(2)
Appendix E Sample Report for a Competence to Stand Trial Evaluation
131(10)
Glossary 141(4)
References 145