Summary notes for pretrial assessments PDF

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Comprehensive notes on pretrial assessments...

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Forensic Psych Notes Pretrial Assessment- Clinical Interviewing/ Competency Evaluation a.

Assessment Tools- IQ tests, school records

b.

Psychopathology- Record Review

Flow chart: arrest, detained, competency raised, evaluated, court hearing, determination of how to proceed. Youtsey: defined idea that some people should be barred from trial. Dusky: consult with lawyer rational understanding + rational/factual understanding of proceedings against him. Indiana vs Edwards: competence to stand trial does not mean pro se competence. Jackson vs Indiana: cannot commit for indefinite amount to time. Can be court ordered by judge. Anyone can raise concerns over competency at any point in a court case. DUSKY STANDARD: assist in defence + understand nature and object of proceedings against him/her. Competency testing: clinical interview, CST assessment, competency interview, psychological testing, collateral information. Tools used: CST, MacCAT-CA, ECST-R. IQ testing- WAIS-IV. WAIS-II (Wechsler abbreviated scale of intelligence) WRAT-4: basic skills like reading, comprehending, spelling, math. Restoration: Psychotropic medication. Misdemeanor- competency checks every 3 months for 3 years. Charges dropped after this period. Felony- competency checks every 6 months for 5 years. Charges dropped after this period.

Psychological testing- MMPI, PAI The PAI gives an assessment of the psychological and emotional functioning of respondents, in comparison to community norms unless otherwise noted. The MMPI is for determining psychopathology and maladaptive personality characteristics Pretrial Assessment- Not Criminally Responsible- Evaluation, Dorsey hearings, civil commitment, conditional release M’Naughten test: did the defendant know what he was doing, and did he understand his actions were wrong. Irresistible impulse test: law should acquit someone who was unable to prevent themselves from committing the act despite knowledge of wrongfulness. Durham test: Did defendant have mental illness, if so, was it the reason for unlawful act. = Not guilty by reason of Insanity (NGRI). = FAILURE ALI/Model penal code: substantial incapacity to appreciate difference between right or wrong. Irresistible impulse (volitional) component. Under ALI, burden was on state to prove beyond a reasonable doubt that defendant was not insane once enough evidence was presented to raise issue. Insanity defense reform act of 1984: severe mental disease, eliminated volitional, reshaped cognitive aspect. Guilty but mentally ill: conviction and a criminal sentence. Shift to defendant to prove they were insane at the time of offense. Preponderance of evidence (greater than 51%) In Maryland, IQ of 70 or below, impairment in adaptive behavior, manifested before 21= mental retardation. Mental disorder does not include antisocial personality disorder. NCR: Not criminally responsible if lacks substantial capacity to: appreciate criminality of conduct, or conform that conduct to requirements of the law. Cannot be entered over the defendant’s objection if they are competent.

Evaluation: clinical interview, competency evaluation, criminal responsibility evaluation. All discovery materials, look at past, interview contacts. AFTER NCR: commitment to DHMH. Or, released if there is a report within 50 days preceding the verdict. Report states that person would not be a danger to himself or others, and person and states attorney agree to release and conditions of release. Committed person is eligible for conditional release only if they are not a danger, by preponderance of the evidence. NCR hearing on release eligibity: 50 day hearing. Examinations and report must be completed atleast 7 days before and no more than 90 days before hearing. May apply for release 1 year after initial hearing and annually thereafter unless improved or department makes application for release. No risk is not necessary, conditional release requires mitigation of the risk of danger. Hearing required 10 days after committed person returns from conditional release. Department must show they violated release, person must show eligibility for release....