ist cj final - Alicia Deal 10-13-03 CJ 363 For Honors...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Alicia Deal CJ 363 10-13-03 For Honors Credit Incompetency to Stand Trial In the U.S. it is reported that between an estimated 60,000 competence to stand trial (CST) assessments per year are suggested for criminal defendants which make CST examinations among the most commonly requested forensic mental health evaluations (Hubbard, et al., 2003; Cooper, et. al., 2003). However one study claims that it is only 25,000 evaluations per year (Nestor, et. al., 1999). Competency to stand trial is a legal term and has its roots in English common law, which was adopted by the American criminal justice system (Bardwell, 2002; Hubbard, 2003). It has been regarded as a very valuable part of the criminal justice system (Bardwell, 2003). The predominately used determinate for IST was established in 1960 by the U.S. Supreme Court in the case of Dusky vs. United States. The court ruled that” a competent defendant must have the capacity to understand the criminal process, including an understanding of the roles ascribed to the participants in the justice process (Hubbard, et. al. 2003; Bardwell & Arrigo, 1999; Cooper, et. al., 2003). The clinician examining the defendant must decide whether “the accused, as a result of a mental disease or defect, lacked capacity to understand the proceedings against them or to assist in their own defense (Caldwell).” According to research found by Hubbard, about thirty percent of those referred for CST evaluations are judged IST; however, he also states that this amount varies across jurisdictions. In 1972 the Supreme Court ruled in Jackson vs. Indiana that examiners “must determine if a defendant has 'substantial' probability of regaining competency through treatment 'in the foreseeable future' (2003)”. Thus just because a defendant has been found incompetent does not mean that he/she will not and cannot be put on trial; the trial is just postponed until that person is deemed competent (Hubbard, 2003). 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Alicia Deal CJ 363 10-13-03 For Honors Credit Three aspects that researchers most often look at when determining who is most likely to be found incompetent to stand trial are demographic information including gender and race, mental health history, and criminal history. However, research conducted by Nestor et al. concentrated specifically on neuropsychological test scores (1999). Researchers commonly examine demographic information among the defendants to determine if there is a correlation between common characteristics among defendants and those found incompetent to stand trial. Various studies done recently have found correlations between race, gender, employment, marital status, and age with defendants incompetent to stand trial. Most research has found that older defendants were more likely to be found incompetent to stand trial. Typically
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 06/30/2011 for the course CJ 363 taught by Professor Miller during the Fall '02 term at Sam Houston State University.

Page1 / 7

ist cj final - Alicia Deal 10-13-03 CJ 363 For Honors...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online