Exam 8: Section 1: Competency to Stand Trial

Correct Answer:

Verified

Main points:
• CST is a legal term because it does not have direct correspondence with any specific diagnoses of mental illness or psychological disturbances.
• CST is determined by the judge, even though judges often base their decisions on psychological or psychiatric evaluations.
• CST, under the Dusky standard, includes being able to understand the legal proceedings and assist the defense attorney in representing oneself at the trial.

Correct Answer:

Verified

Main points:
• Malingering is faking incompetence (often in the form of mental illness) to avoid going to trial.
• Some defendants facing serious charges and possible life imprisonment or death penalty may see a mental institution as a better alternative.
• For most defendants, malingering is not a good strategy as they are likely to be hospitalized in a secure facility and efforts will be made to restore them to competency.
• Those defendants who are found to be nonrestorable, are very unlikely to go free and would probably face involuntary civil commitment if deemed a danger to self or others.

Correct Answer:

Verified

Main points:
• Grisso and his colleagues have conducted a series of studies and showed that the younger the child/adolescent, the worse are his or her skills that form the basis of adjudicative competencies;
• Only by the age of 16 are most children able to perform at the level similar to adult defendants;
• Children are more likely to agree to a plea bargain, waive their rights, and agree to testify without the attorney present;
• Thus, children should have more protections when it comes to their competency assessment and protection of their rights in court.