Journal of the American Academy of Psychiatry and the Law, 26, 215-222. The growth of logical thinking from childhood to adolescence. The competence of adolescent trial defendants. If the ability of the defendant to understand their legal case or assist in their defense is called into question, the case is suspended and the defendant is to be evaluated by a psychologist or psychiatrist. California Law Review, 68, 1135- 1166.
Miami Law Review, 47, 539-601. Conversely, a person who is competent for one legal purpose may have impairments in competence for other legal purposes. Journal of Family Law, 33, 629- 660. The competence of criminal defendants: A theoretical reformulation. American Psychologist, 57, 1, 5-18. Appreciation assesses acknowledgment of illness and the potential value of treatment, while choice determines whether patients make a selection consistent with their reasoning. Behavioral Sciences and the Law, 19, 503-518.
Journal of Criminal Law and Criminology, 87, 48-62. During its initial phase, beginning in 1988, the project did three things. Third, the total score for each measure sum of item scores for Understanding, Reasoning, and Appreciation is interpreted in light of norms based on a large, multistate sample of offenders recruited in jails and forensic psychiatric hospitals. Adjudicative competence: The MacArthur Studies. Law and Human Behavior, 20, 573- 579.
Keywords , , , , Benedeck, E. The competence of criminal defendants: A theoretical reformulation. The quality of these evaluations has substantial ramifications: an evaluator's failure to identify an existing impairment could compromise the fairness of the ensuing adjudication, and an evaluator's erroneous finding of incompetence could lead to a suspension of the criminal proceedings and to a period of compulsory confinement and treatment. Journal of Criminal Law and Criminology, 81, 419- 446. The MacArthur Adjudicative Competence Study: Development and validation of a research instrument. Journal of the American Academy of Psychiatry and the Law, 31, 299-309. In particular, they have the Fifth Amendment protection against self-incrimination and rights articulated in the Sixth Amendment, which include the assistance of legal counsel, the right to confront their accusers, and the right to trial by a jury of their peers.
Score ranges are provided for three levels of impairment none or minimal, mild, or clinically significant for each measured ability. The primary obstacle to progress in this area is the absence of structured and standardized research measures for the assessment of abilities related to adjudicative competence. Competency to stand trial and criminal responsibility in the juvenile court. It may be used in inpatient, outpatient, forensic and correctional settings both prior to, and subsequent to, adjudication of competence to proceed with the criminal process. .
Second, it built upon the psycholegal assessment strategy pioneered by the MacArthur Treatment Competence Study see Executive Summary to design and pilot test a research instrument to measure the capacities identified by the theory as essential to adjudicative competence. The six Appreciation items query defendants about their attitudes and beliefs concerning the legal process involved in their own cases. These pieces of information are embedded in a hypothetical vignette i. Lutz, Florida: Professional Assessment Resources, Inc. Behavioral Sciences and the Law, 15, 329-345.
Assessment psychologists need a wide range of tools to address the variety of assessment challenges that arise in daily practice. Competency to stand trial among adolescents. Non-Pacific University users: Please talk to your librarian about requesting this thesis or dissertation through interlibrary loan. They are designed to address specific legal issues. Further, the study highlighted potential differences among forensic evaluators about when and for what reasons they may elect to use this forensic assessment tool. Mental health professionals often conduct evaluations to assist courts in determining whether a criminal defendant is competent to participate in the adjudicatory process. Law and Human Behavior, 21, 141- 179.
Three other Reasoning items describe alternative dispositional choices for the hypothetical actor, proceeding to trial or accepting a plea agreement. Behavioral Sciences and the Law, 10, 385-406. The final page of the Booklet is a Scoring Summary form for transferring and summing the item scores for Understanding, Reasoning, and Appreciation. Juveniles understanding of trial-related information: Are they competent defendants? For understanding, patients are tested on their comprehension of the nature of their illness, recommended treatment, alternatives, and risks and benefits. The examiner assigns a value of 0, 1, or 2 based on the scoring criteria.