Competency to Proceed Flashcards
What amendment is most reflected in CTP?
6 = effective rep by counsel, confront accusers, assist in def by being able to identify relevant evidentiary issues or communicate with attorney
What are the Wilson criteria?
Amnesia case. FACETS
Fair trial per facts and circumstances? Assist from govt? Can consult with attorney despite amnesia? Evidence reconstruction possible? Testimony unaffected by amnesia? Strength of DA's case
Riggins v. Nevada
Need to consider oversedation from meds in their capacity to proceed.
You can “rig” a defendant with meds, but if they’re too snowed to participate, they ain’t ok.
Sell v. US
Allows for involuntary meds for purposes of restoration if: be MISeRLY in SELLing
Medically appropriate
Interest of court/society being furthered is necessary
Side effects unlikely to affect CTP (Riggins)
Restoration substantially likely
3 situations: dangerous defendant, medically incompetent def, serious charges warrant restoration
Pate v. Robinson
Prosecution can raise the issue of comp over def’s objections when the def can’t intelligently or knowingly waive their right to have court determine his comp. However, if the def can explain why a comp eval is unnecessary, the court should presume competency. Stops “bad faith” questions of competence.
Name 3 reasons why defense counsel might overlook a comp eval for a client who is obviously ITP.
1) Have them look crazy at trial
2) Plea bargain > long admission
3) Abide by client’s request/insistence they’re not SMI or incompetent
Medina v. CA
Burden is on defense to prove incompetency by preponderance. Can’t force clear and convincing.
Jackson v. Indiana
Indefinite hospitalization for unrestorable def = violation equal protection and due process of 14th amend. Civil commits have more procedural protections. Indef commitment has no relationship with restoration.
What proportion of ITPs are restored within 6 mo?
75-85%
What is the standard for competence to be sentenced?
Similar to Dusky, but not identical. Less stringent and formal.
Sadler v. US = cannot be sentenced if judge has reasonable grounds to believe that the def lacks awareness sufficient to understand the nature of the proceeding or exercise his right to speak/name mitigating factors.
Chavez v. US: Understand nature of proceedings. Participate intelligently to the extent that participation is called for.
Competency Screening Test
22-item sentence completion test. Screener. False positive (label of ITP) high. Writing heavy, so low ed/IQ struggle with it.
Georgia Court Competency Test
Also Mississippi version - GCCT-MSH. Screener.
Very basic q’s such as courtroom layout. Fails to address meaningful understanding.
Computer-Assisted Determination of Competency to Proceed
aka CADCOMP. Screenr. 272 q’s = long test. Poor psychometrics.
Competency Assessment Inventory
CAI. 5pt likert ratings, and the court assigns weight to ratings. No standardized administration or scoring. No norms. Instead, can use like a semistructured interview as it can guide new evaluators, offers case examples.
Fitness Interview Test - Revised
16 items. Adults and adolescents. 30-45mins. Can use as semi-structured interview. 3 areas: factual knowledge, consequences of proceedings, communication with counsel. Psychometrics are adequate.
Interdisciplinary Fitness Interview
IFI. 5 areas based on Dusky. Joint administration by an evaluator and an attorney (practical limitations with this). No published research on it.
MacArthur Competence Assessment Tool - Criminal Adjudication
MacCAT-CA. 2nd gen CTP measure
3 domains: Understanding (factual), Appreciation (rational), and Reasoning (assist in def by weigh options). Large sample (restoration group, jail inmates in tx, unscreened jail GP). Strong internal consistency and interrater reliability.
Evaluation of Competency to Stand Trial - Revised
ECST-R. 2nd gen CTP measure
MH and legal experts weighed in on content that reflects Dusky. Has atypical presentation validity scale.
Good psychometrics. Convergent validity with MacCAT-CA.
Competence Assessment for Standing Trial for Defendants with Mental Retardation
CAST-MR. Multiple choice format to address limits of open-ended q’s in CAI, FIT-R, and IFI. Vocab and syntax intended for low intell fx. 4th grade reading level.
High scores do not equate to CTP level of people without ID.
What were Grisso’s findings on the use of the MacCAT-CA with juvies?
- Grisso. 11-13yo are 3x more likely than 18-24yo to be classified as seriously impaired by MacCAT-CA. 15yo and younger = less abstract thinking = don’t recognize risks with different choices or don’t think about long-term consequences. Age and IQ predict MacCAT-CA performance.
Juvenile Adjudicative Competence Interview
JACI. Inquiries into 12 domains. No rating scores or norms. Semi-structured interview.
What are some factors/research findings to consider in someone’s restorability?
Less restorable: tx refrac/chronic and older peeps. 24-33% restoration rate for ID.
Most restored within 6 mo or sooner.
Axis II, dx unrelated to psychosis.
Psychosis and mood do can be restored with meds.
Hirschfield v. Stone
Avoid including info irrelevant to competency such as sexual orientation, HIV status, abuse hx. Defendant won civil lawsuit.
How far back in history do issues of competency go?
17th century in English courts.
1835 - dude who tried to kill Andrew Jackson - ITP
1899 - Fed CoA described ITP as violation of due process.
