Preface |
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Getting Started |
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xi | |
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Chapter 1 Legal Definition Of Competence To Stand Trial |
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1 | (14) |
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The Reason for the Competence Doctrine |
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2 | (1) |
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Sources of Law Defining Competence to Stand Trial |
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3 | (1) |
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The Legal Standard for Competence to Stand Trial |
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4 | (3) |
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4 | (1) |
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Unity of the Legal Concept of Competence to Stand Trial |
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5 | (1) |
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Competence in Juvenile Court |
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6 | (1) |
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The Legal Process for Competence to Stand Trial |
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7 | (4) |
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8 | (1) |
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9 | (1) |
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9 | (1) |
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Disposition for Incompetence Findings |
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10 | (1) |
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Remediation and Reevaluation |
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11 | (1) |
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Common Misconceptions About Competence to Stand Trial |
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11 | (4) |
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Competence and Mental Illness |
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11 | (1) |
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Competence and Criminal Responsibility |
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12 | (1) |
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Legal Competence and the Competence Evaluation |
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12 | (1) |
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Competence and the Adjudication Process |
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13 | (2) |
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Chapter 2 Forensic Concepts To Guide Competence Evaluations |
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15 | (14) |
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15 | (4) |
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Types of Competence Abilities |
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16 | (1) |
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The "Factual" and "Rational" Understanding Concepts |
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16 | (1) |
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17 | (2) |
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19 | (3) |
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Causes Allowing for a Finding of Incompetence |
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19 | (1) |
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Causes Typically Not Allowing for a Finding of Incompetence |
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20 | (1) |
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Response Style as a Source of Impaired Functioning |
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21 | (1) |
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The Interactive Objective |
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22 | (2) |
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24 | (2) |
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The Dispositional Objective |
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26 | (1) |
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A Comment on Irrelevant Objectives |
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27 | (1) |
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Objectives for Types of Competence to Stand Trial Evaluations |
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27 | (2) |
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Chapter 3 Selecting Methods |
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29 | (20) |
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Data for the Functional Objective |
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30 | (10) |
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Semistructured Interviews and Standardized Approaches |
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30 | (2) |
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Idiographic Standardized Methods |
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32 | (2) |
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Nomothetic Standardized Methods |
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34 | (2) |
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Standardized Methods for Special Populations |
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36 | (3) |
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Archival and Observational Data |
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39 | (1) |
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Data for the Causal Objective |
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40 | (4) |
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Archival and Third-Party Observational Data |
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40 | (1) |
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Psychopathology: Mental Status Interview Methods and Tests |
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40 | (2) |
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Intellectual Functioning (Developmental Disability) |
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42 | (1) |
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42 | (1) |
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43 | (1) |
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43 | (1) |
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Data for the Interactive Objective |
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44 | (1) |
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Data for the Conclusory Objective |
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45 | (1) |
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Data for the Dispositional Objective |
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46 | (3) |
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Methods for Assessing Remediability |
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46 | (1) |
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Assessing Treatment Options |
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47 | (2) |
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Chapter 4 Collecting The Data |
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49 | (18) |
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49 | (4) |
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49 | (2) |
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51 | (1) |
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Obtaining Background Information |
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52 | (1) |
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Scope and Setting of Evaluations |
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53 | (1) |
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54 | (2) |
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54 | (1) |
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Attorney Notification and Presence to Monitor the Evaluation |
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54 | (1) |
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Audiotaping the Evaluation |
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55 | (1) |
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56 | (2) |
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Conducting the Evaluation with the Defendant |
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58 | (5) |
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Inquiry About Background and History |
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58 | (1) |
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59 | (1) |
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Inquiry About Current Alleged Offense |
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59 | (1) |
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Assessing Competence Abilities |
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60 | (3) |
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Special Considerations in Competence Evaluations of Juveniles |
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63 | (4) |
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63 | (1) |
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64 | (1) |
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65 | (1) |
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65 | (1) |
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After the Evaluation Session |
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65 | (2) |
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Chapter 5 Interpreting The Data |
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67 | (22) |
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Functional Objective: Inferences About Type and Degree of Deficits in Competence Abilities |
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67 | (9) |
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Deficits in Understanding |
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69 | (3) |
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72 | (2) |
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74 | (1) |
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Deficits in Communication |
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75 | (1) |
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Causal Objective: Inferences to Explain Deficits in Competence Abilities |
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76 | (5) |
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Inferences About Delusional Beliefs |
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76 | (2) |
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Inferences About Developmental Immaturity |
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78 | (2) |
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Inferences About Feigning and Malingering |
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80 | (1) |
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Interactive Objective: Inferences About the Significance of Deficits |
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81 | (3) |
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Conclusory Objective: Reaching a Conclusion About Competence or Incompetence |
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84 | (2) |
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Dispositional Objective: Inferences About Remediation |
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86 | (3) |
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The Dispositional Questions |
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86 | (2) |
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Competence Remediation Programs |
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88 | (1) |
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Chapter 6 Communicating Findings |
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89 | (14) |
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Guidance for Communication of Competence Evaluations |
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89 | (4) |
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90 | (1) |
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91 | (1) |
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91 | (1) |
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92 | (1) |
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Functions of Competence Reports |
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93 | (1) |
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Competence Reports are Legal Documents |
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93 | (1) |
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Competence Reports are Forensic Documents |
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93 | (1) |
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Competence Reports are Read by Nonclinicians |
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94 | (1) |
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Organization and Content of Competence Reports |
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94 | (5) |
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Referral Question and Identifying Information |
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94 | (1) |
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95 | (1) |
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95 | (3) |
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Opinions and Recommendations |
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98 | (1) |
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Matters of Style in Competence Reports |
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99 | (4) |
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Be Careful and Definitive |
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99 | (1) |
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Focus on the Referral Question |
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99 | (1) |
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Strike a Balance on Detail |
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100 | (1) |
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Put the Reader in Your Office |
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100 | (1) |
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Avoid Prejudicial Content |
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101 | (1) |
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Explain, Explain, Explain |
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102 | (1) |
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Chapter 7 The Context For Competence Evaluations |
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103 | (12) |
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Where Competence Evaluations are Performed |
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103 | (1) |
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How Courts Obtain Competence Evaluations |
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104 | (1) |
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How Examiners Acquire Referral Information |
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105 | (2) |
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Why the Question Was Raised |
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106 | (1) |
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106 | (1) |
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107 | (1) |
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How Systems Control the Quality of Competence Evaluations |
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107 | (3) |
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Requirements for Procedures and Methods |
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108 | (1) |
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Qualification, Certification, and Continuing Education Systems |
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108 | (1) |
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The Trial Process as Quality Control |
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109 | (1) |
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110 | (5) |
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Appendix A Advanced Resources for Competence to Stand Trial Evaluations |
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115 | (4) |
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Appendix B Legal Cases Relevant for Competence to Stand Trial |
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119 | (4) |
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Appendix C Ways to Describe Abilities and Trial Demands Relevant for Competence to Stand Trial |
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123 | (6) |
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Appendix D Obtaining Instruments to Assess Competence to Stand Trial Abilities |
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129 | (2) |
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Appendix E Sample Report for a Competence to Stand Trial Evaluation |
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131 | (10) |
Glossary |
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141 | (4) |
References |
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145 | |