06 Jul IS THE DEFENDANT COMPETENT TO STAND TRIAL?
When someone is arrested, that person receives a court date to face charges. That person—the defendant—then hires their own attorney or receives a court-appointed attorney to represent him or her. The defendant and his or her attorney next collaborate to build a defense for the case. If a defendant is unable to understand the nature of the charges or is unable to assist the attorney in developing a defense, the defendant’s competency to stand trial might be called into question. A defendant’s competency is usually assessed prior to the trial.
Competency to stand trial is often confused with the Not Guilty by Reason of Insanity (NGRI) Plea. The primary difference between the two is that, while competency must be established before a trial begins, NGRI represents a type of plea. At the start of a trial, the judge typically asks a defendant for a plea. In most jurisdictions, the defendant may select among several choices: Guilty, Not Guilty, No Contest, or Not Guilty by Reason of Insanity.
A defendant may not enter a plea unless already deemed competent to stand trial. An NGRI plea implies that the defendant was not of sound mind at the time of the offense, thus unable to distinguish between right and wrong. This plea is most often used by those with documented histories of severe mental illness. As inconsistent as it may sound, severe mental illness does not preclude a defendant from being considered competent to stand trial—even if entering a NGRI plea. Forensic psychologists evaluate the competency of defendants to stand trial. They also assess the mental state of defendants when considering the NGRI plea.
For this Discussion, you review the background of a virtual defendant and apply the standards of adjudicative competence to determine whether the defendant is competent to stand trial.
RESOURCES
To prepare for this Discussion:
Review Chapter 10 in Wrightsman’s Psychology and the Legal System. Think about the differences between a defendant’s competence at the time of the offense and the time of the trial Review the article “Examining Decision-Making: Understanding Civil and Criminal Competencies.” Reflect on ways clinicians arrive at opinions regarding adjudicative competence and the data they consider in forming their opinions. Review the article “Field Reliability of Competence to Stand Trial Opinions: How Often do Evaluators Agree, and What do Judges Decide When Evaluators Disagree?” Consider the reliability of Competency to Stand Trial (CST) evaluations. Visit the Virtual Courtroom by viewing the media titled “Evaluating the defendant” located in this week’s Learning Resources page. Review the defendant’s background, found in the media introduction, and assess the defendant’s Competency to stand trial.
Post an informed argument for whether the virtual defendant is competent to stand trial. Then, discuss the challenges you might face by making this determination if you were the forensic psychologist assigned to this case.
Be sure to support your postings and responses with specific references to the Learning Resources.
Respond to at least one of your colleague’s discussion postings. You may state your personal opinion; however, you must support your assertions with evidence.
Respond in one or more of the following ways:
Ask a probing question and provide insight into how you would answer your question, and why. Ask a probing question and provide the foundation, or rationale, for the question. Expand on your colleague’s posting by offering a new perspective or insight. Agree with a colleague and offer additional (new) supporting information for consideration.
Be sure to review the Learning Resources before completing this activity.
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