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Drogin, Eric Y. Handbook of Forensic Assessment eBook

Handbook of Forensic Assessment

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eBook Publisher: John Wiley & Sons
Imprint: Wiley

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The first handbook to explore forensic assessment from psychiatric and psychological perspectives

"The editors have assembled a magnificent collaboration between psychiatrists and psychologists to bring forth critical knowledge and insight to the core competency of forensic assessment. This handbook is essential reading and a comprehensive resource for both newly minted and seasoned forensic practitioners."
Robert I. Simon, MD, Director, Program in Psychiatry and Law, Georgetown University School of Medicine

"This long-awaited resource blows the dust off traditional standards, shakes the cobwebs out of our old ways of thinking, and shows the practical steps in producing work that will make sense to juries and withstand the most skillful cross-examination. . . . [T]here is no better resource."
Kenneth S. Pope, PhD, ABPP, Diplomate in Clinical Psychology; coauthor, Ethics in Psychotherapy and Counseling, Fourth Edition

"From preparation to collection to interpretation to communication of the results, this excellent, comprehensive treasure shows how to conduct forensic assessments. Each splendid evidence-based chapter is presented from the collaboration between psychologists and psychiatrists. It is a must-have resource for forensic experts as well as general practitioners or anyone wishing to understand standard of care in forensic assessment."
Melba Vasquez, PhD, ABPP, 2011 American Psychological Association President

The practitioner-oriented coverage in the Handbook of Forensic Assessment examines:

The current state of psychology and psychiatry—including requisite clinical competencies, ethical guidelines, and considerations of multidisciplinary collaboration

Various approaches to assessments in criminal and civil matters

The principles of effective preparation, data collection, and interpretation, as well as communication for each special situation

Topics including competence to stand trial, sexual offender evaluations, addictions, child abuse, and education

Overarching practice issues, such as practice development, retention, compensation, consultation, and forensic treatment

Includes sample reports that demonstrate the integrative potential of both psychology and psychiatry

Incorporating a wealth of current and multidisciplinary research, the Handbook of Forensic Assessment is destined to become every mental health professional's most valuable one-stop reference for their forensic work.

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Title of eBook: Handbook of Forensic Assessment
Release Date: 06-24-2011
Publisher: Wiley

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Parent title Handbook of Forensic Assessment
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SKU 9781118027981
File size 3150
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Handbook of Forensic Assessment


Chapter One

Competence to Stand Trial KATHLEEN P. STAFFORD and ROBERT L. SADOFF

INTRODUCTION

Competence to stand trial has long been recognized as "the most significant mental health inquiry pursued in the system of criminal law" (Stone, 1975, p. 200), reflecting both the prevalence of court-ordered competency evaluations, and the concern regarding trial competence reflected in the body of case law on this subject.

Hoge, Bonnie, Poythress, and Monahan (1992) estimated that pretrial competence evaluations are sought in 2% to 8% of all felony cases. LaFortune and Nicholson (1995) reported that judges and attorneys estimate that competency is a legitimate issue in approximately 5% of criminal cases, although only two-thirds of these defendants whose competency is questionable are actually referred for formal competency evaluations. Stafford and Wygant (2005) found that nearly all defendants referred for competency evaluation by a mental health court in misdemeanor cases were found incompetent to proceed, and remained incompetent after 60 days of hospitalization.

Trial Competence Defined

The Supreme Court of the United States, in Dusky v. U.S. (1960), established the minimal constitutional standard for competency to stand trial as whether the defendant "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him" (p. 789).

In the case of Wieter v. Settle (1961), the Court outlined

...

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