Competency

Competency requires fulfillment of the Dusky Standard and in order to do so, basic requirements must be met from a neurocognitive and neuropsychiatric perspective. The person must understand the nature of, and be able to participate in, the proceedings, as well as be able to assist counsel in his/her defense. Neuropsychological functions come into play, such as global cognitive function and its constituent parts (processing speed, working memory, perceptual reasoning or problem-solving abilities and verbal comprehension of information). Further, executive functioning is essential to being able to reason and think about the legal process, one's position in it and the relationship to and with the attorney in navigating through the legal system. Executive functions include the ability to hold information in mind in order to think about it, to plan, organize information, consider alternatives and consequences and make decisions and judgment based on available data.

Competency Evaluations are written to include a comprehensive psychosocial history, with a special section considering the defendant's ability to understand the proceedings against him in the context of their life history and/or impairments. Statements of the defendant that demonstrate the extent of his understanding of relevant issues are provided in quotations. This part of the report provides answers as to whether the defendant has the ability to:

Understand his present charges
Understand his overall legal situation
Understand the roles of courtroom personnel
Distinguish between various pleas
Understand the range of possible verdicts

Several assessment measurements specifically measure competency as well as malingering in forensic populations. The ECST-R (Evaluation of Competency to Stand Trial -Revised) was formally evaluated to assess its correspondence with the Dusky standard, with an established construct validity, through an examination of two domains (psychotic and nonpsychotic symptoms) and relies on multiple detection strategies. The ECST-R is the first competency measure to evaluate formally the requirement for expert testimony established in Daubert. The SIRS (Structured Interview of Reported Symptoms) assesses malingering and feigning of psychiatric symptoms. Using appropriate assessment measures, including the ECST-R, the evaluation will help to determine:

Assessment of the defendants ability to assist in the Client’s defense
Whether or not, and to what extent the defendant's mental disorder (if any) has affected the Client’s competency to stand trial
Ability to effectively interact with the Client’s attorney
Ability to recount his/her behavior and whereabouts at the time of the alleged offense
Ability to behave in acceptable manner in the court room