Competency to Stand Trail

Competency to Stand Trial

Tiffany Davis

12/01/2014

Competency to stand Trial

Tiffany Davis

Com/172

11/24/2014

Competency to stand trial has long been considered “the most significant mental health injury pursued in the system of criminal law” (Stone, 1975 pg 200). In addition to the evaluation process and collateral, (Vitacco MJ, Rogers R, Gabel J, Munizza J. June 2007) suggest there is a variety of available methods used to investigate malingering. These screens include test develop by Pitchard, Hiscock, ad Federick. La Fortune and Nicholas (1995) reported that judges and attorneys estimate that competency is a legitimate issue in approximately five percent of criminal cases, although only two-thirds of these defendants whose competency is questionable are actually referred for competency evaluations. Is there an effective way for a forensic psychologist to determine competency of a defendant to stand trial is by giving them a malingering assessment?

The ultimate determination of Competency to stand trial is a legal concept that dates back years ago. Shayna Gothard suggests the primary difficulty in determining malingering is very complicated but a very critical and significant task. It has evolved over the years primarily because the law bases on values, such as fairness, accuracy, and dignity of court proceedings. The forensic psychologist is asked by the state in which the jurisdiction of the case is being tried to determine their competency.

The essential role of a forensic psychologist is different than a typical clinical doctor. The legal system uses a forensic psychologist to do evaluations of the mental state of the defendant before, during and after the court proceedings. There are a number of roles a forensic psychologist t plays in the courtroom such as consultant and expert witness. An expert witness testifies about the defendant's mental state and competency as well as acts as a consultant pertaining to topics that may arise in the...