Criminal Competencies Flashcards
Competence Def
Quality or condition of being legally qualified to perform an act and/or make decisions
4 Domains of Competence to Consent to Tx
- Capacity to express a choice
- Capacity to understand relevant info
- Capacity to appreciate one’s current situation and its consequences
- Capacity to manipulate info rationally relevant to decisions at hand
Historical Basis of CST
17th C common law for def’s pleas:
“Mute by malice” vs “Mute by visitation from God.”
Could be subject to “peine forte et dure” to force a plea
CST 2 As
6th and 14th
Dusky Standard
“has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him.”
3 Components of Dusky Standard
- Functional components (3 main prongs)
- Causal component (some understanding of why IST)
- Interactional component (particularities of the case and their interaction w/ def’s strengths/limitations)
3 Policy Rationales behind Wilson Amnesia Policies
- Amnesia relatively easy to fake
- Potential unrestorability of defs with amnesia
- Civ commitment may not be possible, resulting in release to community
Necessary Inclusion in Juv CSTs
Developmental factors
CST Instruments Court Acceptance
Jurisdictions vary on these structured instruments, increasingly being examined under Daubert w/r/t admissibility
Competency Assessment Instrument (CAI) Overview, Pros, Cons
Semi-struc IV, scored 5 point Likert scale, evalutes 13 functions
- Checklist useful for structuring, and individual items useful for judges/lawyers look at data/results
- Limitation: scores not normed/standardized
Interdisciplinary Fitness Interview (IFI) and IFI-R Critique
IV w/ atty as well, so problems there
Georgia Court Competency Test (GCCT) and -MS State Hospital Revision (GCCT-MSH) (what it is, pros/cons)
21 items to assess 6 categories, =< 69/100 raises Qs
- Stable 3 factor structure of gen legal stuff, and good reliability/content validity
- Potentially superficial assessment of Dusky standard of understanding; many items just recognition
Competence Assessment for Standing Trial for Defs w/ Mental Retardation (CAST-MR)
For ID/DD pts, tries to be less open ended, but norming samples didn’t include defs w/ criminal charges
Fitness Interview Test-Revised (FIT-R)
Based on Canadian law, but may be useful in US
MacArthur Competence Assessment Tool - Criminal Adjudication (MacCAT-CA) (Pro & 2 Cons)
Good to assess appreciation/rational thinking from understanding,
- but maybe relies too much on a hypothetical situation instead of case specific
- Limited Qs on capacity to assist counsel
Evaluation of Competency to Stand Trial-Revised (ECST-R) (2 areas tries to add)
- Also includes systematic screening for malingering
- Manual includes section with error rates of instrument to try to address Daubert factors
Minimum SOP for CST (& Case)
BOP on Def, by POTE (Cooper v. Oklahoma (SCOTUS 1996))
Jackson v. Indiana SCOTUS 1972 Famous Quote & Gen
“D.P. requires that the nature and duration of confinement bear some reasonable relation to the purpose for which the individual is committed”
Basically can only hold for reasonable period of time that will regain competence, & cont’d commitment must be justified by progress towards that goal. If not civ commitment or no
Restoration Terminology in ID/DD Defs
Usually not used, instead “Habilitation,” “Remediation,” or “Training”
Restoration Timeframe
6-9 months for acute MI, but timing studies often don’t factor in systems issues
2 Types of Defs Less Likely to be Restored
Chronically psychotic w/ long hospital stays
Significant cog deficits
Competence to Enter Guilty Plea 3 Things to Know
Must be knowing, voluntary, and intelligent
Must understand: Nature of the charge, penalties associated w/ charge, and rights waived by G plea
3 Reqs for Waiver of Constitutional Rights
Knowing, Intelligent, and Voluntary
4 Rights Waived G Plea
- Remain silent
- Confront accusers
- Jury trial
- Trial counsel
2 Cruxes of Miranda Waiver Competence Cases
Police coercion
Def of custody
2 Types of Defs Possibly More Susceptible to Ext Coercion
ID/DD
Juveniles
Knowing (what generally means, test basis)
Capacity to understand and manner in which informed of rights
- Generally based on totality of circumstances (manner given, whether assistance family/atty present to help def understand)
Intelligent
Encompasses grasping the significance of rights (absolute, what atty/other things do, etc)
Voluntary
Must be product of suspect’s will rather than police coercion
LMC re: Voluntariness, & how it defined voluntary confession
Colorado v. Connelly (SCOTUS 1986), one made w/o intimidation, coercion, or deception
2 LMC Cases (& what they provided) About CTBE
Ford v. Wainwright (SCOTUS 1986): Def must know being executed and reason for it
Panetti v. Quarterman (SCOTUS 2007): Should be able to present expert testimony related to CTBE, and trial court erred in now allowing consideration of rational understanding (although didn’t come to conclusion on that themselves)
Competence to Testify 5 Factors
- Ability to observe an event
- ” to remember an event
- Communicate memory of the event
- Distinguish truth from falsehood
- Understanding of what it means to tell the truth under oath
Historical Competence to Testify Course
Historically, children presumed to be incompetent to testify & calling party had to prove competence; and ID/DD historically barred
But FRoE added in 1975 said every person competent to be a witness
