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  1. 1. Forensic Psychology<br />Lecture 3<br />Competency<br />
  2. 2. 5 Major Competency Standards inTexas<br /><ul><li>Competency to Waive Rights
  3. 3. Competency to be Executed
  4. 4. Competency to Testify
  5. 5. Competency to be Sentenced
  6. 6. Competency to Stand Trial</li></li></ul><li>Competency to Waive Rights<br /><ul><li>Miranda-Waiver
  7. 7. Right to remain silent to counsel (line-up and confessions).
  8. 8. Voluntary, knowing, intelligent
  9. 9. Right to Self-Representation
  10. 10. Waive Jury Trial</li></li></ul><li>Four Miranda Rights <br />The right to remain silent <br />That anything said can be used against the suspect in a court of law <br />The right to the presence of an attorney <br />That if the suspect cannot afford an attorney, one will be appointed prior to any questioning.<br />
  11. 11. Waiver of Miranda Rights must be Knowing<br /><ul><li>The suspect’s ability to know or understand what each of the four Miranda rights mean.
  12. 12. This can be impacted by the manner in which he/she is informed of the rights.
  13. 13. Did the police read the rights quickly or slowly?
  14. 14. Did the suspect read the rights and sign a waiver of rights form?
  15. 15. Was the suspect merely handed the waiver form and asked to sign in the appropriate line without having being read the rights?</li></li></ul><li>Waiver of Miranda Rights must be Intelligent<br /><ul><li>The defendant must have a rational understanding of the consequences, connotations, and implications of the act of waiver and to the form of reasoning ("rational") which lies behind it.</li></li></ul><li>Waiver of Miranda Rights must be Voluntary <br /><ul><li>Waiver of Miranda rights is voluntary unless the defendant can show that his/her decision to waive his/her rights and speak to the police was the product of police misconduct and coercion that overcame the defendant's free will. </li></li></ul><li>Competency to be Executed<br /><ul><li>Must be able to comprehend
  16. 16. Nature
  17. 17. Pendency
  18. 18. Purpose</li></li></ul><li>Competency to be executed<br /><ul><li>Nature and Purpose
  19. 19. The retributive goal of criminal law is satisfied only when the defendants know the connection between their crime and punishment.
  20. 20. Pendency
  21. 21. Defendants can only prepare for death if they are aware that it is pending shortly.</li></li></ul><li>Dusky Standard (Dusky v. United States, 1960)<br /><ul><li>Whether the defendant has:
  22. 22. Sufficient present ability to consult with his attorney with a reasonable degree of rational understanding.
  23. 23. A rational as well as factual understanding of proceedings against him.</li></li></ul><li>Texas Standard competency to Stand Trial -Dusky Standard<br /><ul><li>Sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding or
  24. 24. A rational as well as factual understanding of the proceedings against her/him.</li></li></ul><li>Competency to Sentenced andCompetency to Testify <br /><ul><li>Same Standard as Competency to Stand Tial</li></li></ul><li>Competency to Stand Trial<br /><ul><li>Individual is either found competent to stand trial or incompetent
  25. 25. If incompetent; various options:
  26. 26. Can the defendant be brought to competence within a reasonable amount of time (Jackson v. Indiana, 1972)
  27. 27. Defendants can only be confined for mental health treatment for a reasonable period of time to determine whether the individual can be restored to competence or whether a substantial probability exists that competency can be restored (e.g. mental retardation versus a psychotic episode).</li></li></ul><li>Incompetent to Stand Trial<br /><ul><li>For less severe offenses, charges can be dropped with the requirement to seek treatment or better supervision.
  28. 28. Can be hospitalized for treatment to bring the defendant to competence.</li></li></ul><li>Competency to Stand Trial Evaluation Texas<br /><ul><li>Section 46B Criminal Code of Procedure State of Texas
  29. 29. Federal Rule of Evidence 704 allows mental health experts to testify to the ultimate issue of the defendant’s pretrial status (competence to stand trial).</li></li></ul><li>Competency EvaluationsCompetency to Stand Trial <br /><ul><li>Most common mental health inquiry in the legal system
  30. 30. Typically raised by the defense though can be raised by prosecution or the court
  31. 31. Sometimes raised as a way of gaining additional time to prepare for a case
  32. 32. Duty of the judge to determine the defendant’s competence; will use the psychologist’s opinion, but does not need to follow the opinion</li></li></ul><li>Competency to Stand Trial Evaluation<br /><ul><li>Examiner should inform defendant about the
  33. 33. Purpose of the evaluation
  34. 34. Potential uses of disclosed information (i.e. goes into the report)
  35. 35. Conditions under which the defense counsel, prosecutor and court will have access to the evaluation.
  36. 36. Consequences of refusal to cooperate
  37. 37. Typically have defendant paraphrase confidentiality limits.
  38. 38. Videotaping or audio taping, with permission; provides evidentiary record.</li></li></ul><li>Forensic Instruments used in CST <br /><ul><li>Competency Screening Test
  39. 39. Competency to Stand Trial Assessment Instrument (CAI)
  40. 40. Interdisciplinary Fitness Interview
  41. 41. Fitness Interview Test
  42. 42. Georgia Court Competency Test
  43. 43. MacArthur Competence Assessment Tool- Criminal Adjudication</li>