Evaluation Of Competency For Stand Trial

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

In the juvenile justice system there are many different areas of need. Many juveniles to this date have struggled in the court system. For example: Competence to stand trial in a juvenile court, psychiatric/mental disorders, sexual abuse/assault, diminished cognitive abilities, and severe learning disabilities (Jones, 2003). The three that this paper will be focusing on are CST, MHS, and sexual abuse/assault (Jones, 2003). Forensic evaluations help not only the courts and attorneys to better advocate for those clients in need but also help to give attorneys a better understanding and communication process with their clients. This is a positive solution for the attorney to be able to do a better job (Jones, 2003).

Many assessment tools and interviewing skills are available to the clinical social worker within a mental health setting. This paper will examine one such assessment tool, the competency based assessment, and its applicability in a mental health setting. A comparison will be made between this advanced assessment method and a generalist social work assessment. Interviewing people who have mental health concerns can offer challenges for clinical social workers. Several interviewing techniques that can help with some of these challenges will be outlined.

Despite the perception that anyone could potentially fabricate a story and argue for a not criminally responsible verdict, the defence of NCRMD is a difficult one to prove. Very few individuals are found not criminally responsible on account of a mental disorder. In the cases where a trier of fact or jury has successfully accepted the defence, counsel for the defendant alongside expert witnesses, have been able to not only prove a mental disorder at the time of the offence but also have demonstrated that the accused was rendered incapable of knowing that their actions were

Discuss the case as if you are part of the defense team in State v. Stu Dents and the defendant wants to plead insanity.

The question at hand then, is rather or not his mental issues make him unfit to stand trial for homicide. Looking at the

When dealing with a defendant with questionable competency you have to take the case and the circumstances into question. There are many people in the world with mental disabilities and some even

When looking at the situation of Mr. Ballew being involuntary placed in a psychiatric ward due to his mental state, one would assume he would not be capable of standing trial due to the insanity defense but that was not the case in this

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

This paper is going to explain the research that I have done on the insanity defense in general, my own opinion on the use of pleading insanity, a recent case on the successful pleading of insanity to prevent a defendant from being criminally responsible, and the positives and negatives of the insanity defense. I am also going to do my best to explain what should happen to a criminal defendant after they are declared by the courts to be insane, as well citing all of my research.

Competence to stand trial, in order for a forensic psychologist to evaluate the juvenile the product will consist of first initial response, evaluation, report, and testimony. Treatment Amenability (TG modifier) also requires the same. The assessment of a juvenile is directed to support the juvenile court system with choice building about one of the succeeding four psycho-legal issues. The first is the mental state at the time of crime, is the juvenile competent to proceed through adjudication; amenability to treatment or rehabilitation as a child in available facilities, as define in by the New Mexico Children’s Code under the Youthful Offender Statute [32A-2-20, B. (1) and (2)]; and treatment as an alternative to incarceration due to risk

Many have argued that competency to stand trial is the “most significant mental health inquiry pursued in the system of criminal law” (Cowden & Mckee). This pillar of the American Legal System assures that those accused of criminal acts must be sufficiently competent to understand and partake in the trial proceedings. The threshold of competence can differ from jurisdiction to jurisdiction but it mainly hinges on a series of factors such as cognitive deficits, the presence of a mental illness, and an inability to comprehend or effectively communicate with legal counsel. While this standard was made legal precedent in the 1960s it was only in regards to the adult criminal system; however, in past decades legal reform has allowed for youths to be tried and subjected to the same punishments as adult defendants (Schwartz & Grisso). This legal development brings about a very imperative issue: Should youth offenders be subjected to the same standard of competence as their adult counterparts? Furthermore, since these statutes were developed for determining competency in adults, can they properly recognize the uniqueness of the youth population?

These are the skills and competencies I have learned through my studies at Walden University. Kaslow, Grus, Campbell, & Fouad, et al. (2009) stated professionalism comes from my respect for those who need help. Integrity can be built with confidence in the therapist. Attitudes are charitable, polite, caring emotions toward others that fuel my motivation toward helping. This concern welfare of others comes from my religious and personal experiences as a child and young adult.

According to Martell (1992) neuropsychological evidence regarding competency is relevant in at least two primary areas: determinations of the defendant’s present ability to proceed in court; and after a determination of incompetency, in the assessment of the defendant’s potential restoration of fitness to proceed

Woodcock Johnson Tests of Cognitive Abilities Third Edition It’s comprehensive battery is strong and well normed. Client can pick and choose the subtests. Limitations: This is an expensive test to administer and it is cumbersome to get full picture of client in one hour with this tool.