Competence to Proceed tests

Question 1

What is the Competence Standard?

Answer 1

-Dusky v. U.S. Supreme Court precedent (1960)
-defendant’s present (not retrospective) ability to consult with attorney with reasonable degree of rational understanding, factual understanding of proceedings
-capacity not willingness; flexible in each case, not a high threshold
1. capacity to understand the process, in general and in specific case
2. ability to function in that process, assist counsel in preparation for defense

Question 2

What elements are relevant to competency to stand trial (Group for Advancement of Psychiatry, GAP)?

Answer 2

-Created to operationalize Dusky
1.understand legal situation
2. understand charges against him
3. understand facts relevant to this case
4. understand legal issues and procedures in this case
5. understand legal defenses available in this case
6. understand dispositions, please, penalties possible
7. appraise likely outcomes
8. appraise roles of defense counsel, prosecution, judge, jury, witness, defendant
9. identify and locate witnesses
10. related to defense counsel
11. trust and communicate relevantly with counsel
12. comprehend instructions and advice
13. make decisions after receiving advice
14. maintain a collaborative relationship with attorney, help plan strategy
15. follow testimony for contradictions or errors
16. testify relevantly, be cross-examined
17. challenge prosecution witnesses
18. tolerate stress at trial, while awaiting trial
19. refrain from irrational, unmanageable behavior at trial
20. disclose pertinent facts about alleged offense
21. protect himself, utilize legal safeguards

Question 3

What is “decisional competence”?

Answer 3

-defendant’s competence to make choices in the criminal process, including choices to plead guilty, waive right to jury trial, or to raise certain defenses

Question 4

What is “adjudicative competence”?

Answer 4

-same as competence to stand trial
-understand and participate in legal proceedings
-5 elements:
1. preevaluation preparation and consultation
2. defendant notification
3. brief history
4. mental status examination
5. evaluation of defendant’s understanding of and reasoning about charges and case

Question 5

What are the 2 major components of the legal standards for competence?

Answer 5

1. “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and
2. a “rational as well as factual understanding of the proceedings against him.”

Question 6

What is the Competency Screening Test?

Answer 6

• CST is standardized
  -22-item sentence completion test used for screening defendants for competence
  -tends towards false positives (more labeled incompetent)
  -just a screening

Question 7

What is the Georgia Competency Test (GCCT)?

Answer 7

-screening for obviously competent
-revised is GCCT-MSH (Mississippi State Hospital) added knowing attny name, contact, etc.) and courtroom behavior
-includes general legal knowledge, courtroom layout (Pictures in Court), specific legal knowledge

Question 8

What is the Computer-Assisted Determination of Competency to Proceed test?

Answer 8

-screening tool (CADCOMP)
-272 questions, broad
-objective test, computer admin and scoring

Question 9

What are 3 semi-structured competency tests?

Answer 9

CAI, FIT-R, and IFI:
1. Competency Assessment Instrument (CAI) - developed by NIMH, Likert scale, non-standardized, good face validity
2. Fitness Interview Test-Revised (FIT-R) - 16-item, used with adults or adolescents, includes understanding nature, object, factual knowledge of criminal proceeding, understanding consequences, communication with counsel * best tool
3. Interdisciplinary Fitness Interview (IFI), IFI-R - rarely used, developed 40 yrs ago, semistructured, joint admin by psychology and attorney

Question 10

What is the MacArthur Competence Assessment Tool–Criminal Adjudication? (MacCAT-CA)

Answer 10

-research based, MacArthur foundation, NIMH
-standardized test
-22-item, semi-structured interview
-Understanding, Appreciation, and Reasoning (related to Dusky criteria)
-Reasoning = ability assist counsel
-fictional vignette, fight between “Fred” and “Reggie”

Question 11

What is the difference between adjudicative competence and decisional capacity?

Answer 11

-Adjudicative competence are abilities related to a reliable and dignified process
-decisional capacity is related to exercising autonomy on decisions involving pleading guilty

Question 12

What is the Evaluation of Competency to Stand Trial–Revised test? (ECST-R)

Answer 12

-standardized test
-components of Dusky criteria: Consult with Counsel, Factual Understanding of Courtroom Proceedings, Rational Understanding of Courtroom Proceedings; plus Atypical Presentation (feigning)
-rated on 5 point scale
-excellent psychometric properties

Question 13

What is the Competence Assessment for Standing Trial for Defendants with Mental Retardation test? (CAST-MR)

Answer 13

-for intellectually impaired defendants
-50 items, 4th grade reading level
-high score does not nec. imply they are competent relative to average intelligent, so evaluator needs to use judgment about demands of specific case
-best used supplementarily

Question 14

What is the Juvenile Adjudicative Competence Interview? (JACI)

Answer 14

-structured tool, similar to FIT-R
-comprehensive
-focuses on developmental factors that might affect competence