Deck 8: Competency to Stand Trial

Question 1

If you were a defendant in a criminal trial, CST would refer to several types of functions you should be able to perform. Which of the following is NOT one of these functions?

A) Understanding the charges against you.
B) Acting appropriately during the trial.
C) Being able to trust your prosecutor.
D) Being able to trust and communicate with your defense counsel.

Answer 1

Being able to trust your prosecutor.

Question 2

After a federal judge ruled that Jared Loughner was incompetent to stand trial, he was:

A) released on his own recognizance.
B) sent to a medical facility to have his competency restored.
C) found not guilty by reason of insanity.
D) sent to a mental institution for the rest of his life because his schizophrenia could not be treated.

Answer 2

sent to a medical facility to have his competency restored.

Question 3

With regard to malingering, the Court has made the following decision in the case of Morrow v. Maryland (1982):

A) A defendant found to be malingering may be given a longer sentence.
B) A claim of severe memory loss alone does not mean that a defendant is incompetent.
C) A defendant with a serious mental illness must be given multiple evaluations.
D) Medications can be administered to a defendant against his will if he is malingering.

Answer 3

A claim of severe memory loss alone does not mean that a defendant is incompetent.

Question 4

Which of the following cases involved the issue of a defendant being forcibly medicated who was deemed not to be a danger to himself or others?

A) Jackson v. Indiana (1972).
B) Ford v. Wainwright (1986).
C) Washington v. Harper (1990).
D) Sell v. United States (2003).

Question 5

Which one of the following forensic assessment instruments (FAIs) is considered to be a gold standard for determining competency to stand trial?

A) The Competency Screening Test.
B) The MacArthur Judgment Evaluation tool.
C) The Minnesota Multiphasic Personality Inventory.
D) No test or combination of tests can assess CST with certainty.

Question 6

According to the text, some forensic psychologists argue that all of the following conditions should trigger an automatic competency evaluation for juveniles, EXCEPT:

A) learning or developmental disability.
B) family history of mental illness.
C) low or borderline intelligence.
D) age 12 or younger.

Question 7

The following consequences are likely to happen to the criminal defendant who is faking incompetency, EXCEPT:

A) being set free.
B) getting hospitalized in a secure facility.
C) having his or her competency attempted to be restored through forcible medication.
D) having the charges against him or her refiled later, when competency is regained.

Question 8

Although there are _____ forensic assessment instruments available to evaluators, the vast majority of evaluators _____.

A) plenty of; refuse to perform competence evaluations
B) plenty of; do not use any FAIs for assessment
C) five established; use the MMPI-2 test
D) five established; do not use any FAIs for assessment

Question 9

Regarding defendants judged to be incompetent to stand trial, which of the following is FALSE?

A) They tend to be charged with more serious crimes.
B) They have a history of drug abuse.
C) They show symptoms of current mental illness.
D) They have a history of mental health treatment.

Question 10

Jared Loughner was diagnosed with schizophrenia, which is a mental disease that can often lead to the defendant's competency being questioned and a need for competency evaluation. According to the text, people with schizophrenia exhibit the following psychotic symptoms, EXCEPT:

A) auditory hallucinations.
B) thought disorder.
C) delusions.
D) collusion.

Question 11

The modern concept of competency to stand trial was defined by the Supreme Court in the case of:

A) Miranda v. Arizona (1966).
B) United States v. Charters (1988).
C) Dusky v. United States (1960).
D) Godinez v. Moran (1993).

Question 12

According to the text, all of the following are common mental health problems diagnosed in defendants found to be incompetent to stand trial, EXCEPT:

A) obsessive-compulsive disorder.
B) bipolar disorder.
C) schizophrenia.
D) intellectual disability.

Question 13

In the case of Godinez v. Moran (1993), the Supreme Court held that separate psychological evaluations of competency to waive one's rights to counsel or plead guilty are _____ a defendant has been found _____.

A) required even if; competent to stand trial
B) required if; incompetent
C) not required once; competent to stand trial
D) not required once; mentally ill

Question 14

The legal concept of whether an individual has the capacity to perform necessary personal or legal functions is known as:

A) competence.
B) insanity.
C) voir dire.
D) mental stability.

Question 15

Most states limit the period of confinement to restore competency for defendants found to be incompetent to somewhere between:

A) 30 and 90 days.
B) 4 and 18 months.
C) 2 and 3 years.
D) 30% to 50% of the mandatory minimum sentence if the defendant were to be convicted.

Question 16

According to the information presented in Chapter 8, which of the following is FALSE regarding competency to stand trial?

A) Judges agree with the decisions of competence evaluators most of the time.
B) The majority of individuals referred for a competence evaluation are found incompetent.
C) Defendants can be medicated against their will in order to have their competence restored.
D) The majority of incompetent defendants are eventually restored to competency.

Question 17

In the case of Jared Loughner described at the start of the chapter, the judge ordered Loughner's competency evaluation because the defendant:

A) served three years in a juvenile detention facility in his adolescent years.
B) suffered from alcohol and drug problems in the past.
C) had strange beliefs about how the legal system works.
D) announced when he was taken into custody that he would "plead the 5th."

Question 18

Phillip is standing trial for robbery. His overall ability to adequately take care of himself and his ability to understand what is going on at trial have come into question. Before he goes to trial, it is important to assess whether he:

A) can be rehabilitated in incarceration.
B) can afford to pay for a private attorney.
C) is competent to stand trial.
D) has realistic chances for an acquittal.

Question 19

In the case of Indiana v. Edwards (2008), the Supreme Court held that:

A) incompetent defendants could not be held without trial more than a reasonable amount of time.
B) a defendant could be medicated against his or her will without a court hearing.
C) there is a higher standard for a mentally ill individual to waive counsel than the CST standard.
D) the presence of mental disorder or intellectual disability is equated with incompetence.

Question 20

In which of the following cases did the Supreme Court limit the period of confinement to the time necessary to determine if the defendant could be returned to competence in the foreseeable future?

A) Jackson v. Indiana (1972).
B) Ford v. Wainwright (1986).
C) Washington v. Harper (1990).
D) Sell v. United States (2003).

Question 21

All of the following are advantages of performing competency evaluations on an outpatient basis, EXCEPT:

A) They are cheaper than inpatient evaluations.
B) They can be easily manipulated due to an uncontrolled environment.
C) They are less intrusive than inpatient evaluations.
D) The defendant does not need to be incarcerated during outpatient evaluations.

Question 22

Competence to stand trial is most likely to be compromised if the accused:

A) has been hospitalized several years prior.
B) is in a severe psychotic state.
C) suffers from a learning disability.
D) does not know English well.

Question 23

In the U.S. legal system, the right to waive an attorney implies that the defendant:

A) has been evaluated for competency to stand trial.
B) is competent to defend himself in court.
C) understands his constitutional rights well.
D) does not suffer from a mental disorder.

Question 24

Which legal actors are ethically bound to assure that a defendant is competent to stand trial?

A) Defense attorney only.
B) Judge and the defense attorney.
C) The prosecuting attorney and the defense attorney.
D) The defense attorney, judge, and prosecuting attorney.

Question 25

What is a primary advantage of providing an inpatient rather than an outpatient evaluation of competency?

A) It provides multiple opportunities to observe the defendant's behavior over time.
B) It provides one setting to observe the defendant's behavior during one time frame.
C) It removes the influence of the immediate family on the defendant's mental state.
D) It removes the issue of extenuating circumstances from the evaluation process.

Question 26

Preponderance of the evidence standard of proof applies to the competency to stand trial, just as it does in many types of court cases. In the case of competency to stand trial, the defense must prove that:

A) without a doubt, the accused is incompetent.
B) without a doubt, the accused is competent.
C) it is more likely than not that the accused is incompetent.
D) it is more likely than not that the accused is competent.

Question 27

To approve the guilty plea, judges are ____ to question the defendant in order to establish that he or she understands the consequences: that by pleading guilty, the defendant _____ important constitutional rights.

A) likely; establishes
B) likely; forfeits
C) required; establishes
D) required; forfeits

Question 28

Competency to stand trial (CST), according to the Dusky standard, has two basic components to its definition. The first component refers to the accused individual's _____. The second component refers to the accused individual's _____.

A) mental state; chances of being tried in a court where his/her native language is spoken
B) ability to interact rationally with an attorney; understanding of how the court process works
C) awareness of how the crime was committed; ability to interact rationally with an attorney
D) willingness to perform necessary legal functions; past and current mental state

Question 29

The defendant's competency to stand trial is most likely to be impaired if he has:

A) obsessive-compulsive tendencies.
B) a developmental disability.
C) amnesia with regard to the crime.
D) a delusion that his attorney tries to harm him.

Question 30

It is very important to establish that the defendant is competent to plead guilty because the guilty plea means giving up the following constitutional rights, EXCEPT for the right to:

A) remain silent.
B) confront one's accusers.
C) get a fair sentence.
D) appeal.

Question 31

Adjudicative competence is a legal concept that describes the defendant's ability to:

A) participate effectively in legal proceedings.
B) understand what has happened when the crime was committed.
C) make decisions about various aspects of his or her life.
D) represent himself or herself in court.

Question 32

Some people argue that the competency to waive an attorney should have a _____ the competency to stand trial. The Supreme Court seemed to support this view in the case of Indiana v. Edwards (2008) by holding that mentally ill defendants should meet a standard of competence _____ Dusky to prevent mentally ill people from waiving an attorney and defending themselves.

A) higher standard than; higher than
B) higher standard than; similar to
C) lower standard than; similar to
D) standard as high as; higher than

Question 33

There are several important reasons why the defendant should be able to understand what is happening at every stage in the criminal justice process. Which of the following is NOT such a reason?

A) If the defendant helps with his defense, it increases the likelihood of a just verdict.
B) The defendant can help his lawyer to find important witnesses to testify at trial.
C) It is easier for the prosecutor to convict the defendant who lacks the mental capacity to understand the basics of a legal proceeding.
D) Using the power of the criminal justice system against somebody who does not understand what is going on seems unfair.

Question 34

Ester was born and raised in Iran, and her knowledge of an adversarial criminal justice system is very limited. According to the current legal standards in the United States, her competency to stand trial would only be affected if she:

A) refuses to cooperate with the court-appointed attorney.
B) participates in the legal proceedings unwillingly.
C) cannot speak English.
D) thinks her attorney came from another planet.

Question 35

Competency to stand trial is _____ proven _____.

A) presumed unless; otherwise by the defense
B) presumed unless; otherwise by the prosecution
C) uncertain and has to be; by the defense
D) uncertain and has to be; by the prosecution

Question 36

Competency to stand trial (CST) refers to the psychological state of the accused:

A) at the time of the offense.
B) at the time of sentencing.
C) at the time of the trial.
D) before the offense was committed.

Question 37

Bona fide doubt may also be referred to as a(n) _____ doubt.

A) overwhelming
B) reasonable
C) voluntary
D) collateral

Question 38

An evaluation of competency can be requested or ordered any time during the trial if there is a _____ doubt about the defendant's competency. This type of doubt is a(n) _____ the preponderance of evidence standard.

A) voir dire; comparable standard to
B) voir dire; even lower standard than
C) bona fide; higher standard than
D) bona fide; even lower standard than

Question 39

If either attorney raises the issue of the defendant's competence, the presiding judge:

A) often treats it as a ploy, and proceeds with the trial.
B) asks the opposing attorney's opinion on the issue.
C) almost always orders a psychological evaluation.
D) is legally obligated to stop the proceedings.

Question 40

According to the text, there are several types of legal competence. Which of the following is NOT among them?

A) Competency to waive an attorney.
B) Competency to plead guilty.
C) Competency for execution.
D) Competency for being released.

Question 41

When performing competency evaluations within an institution, collateral sources of information can be gathered regarding the defendant's behavior. Some of the individuals that might be able to provide this additional information include:

A) prison guards, nurses, and mental health professionals.
B) prison guards, sisters, and the minister.
C) nurses, roommates, and siblings.
D) mental health professionals, prison guards, and family members.

Question 42

According to research by Grisso and his colleagues (2003), when it comes to competency to stand trial, at approximately age _____, the differences in legal judgment, understanding, and decision making between younger people and those aged 18 to 24 disappear.

A) 12
B) 14
C) 15
D) 16

Question 43

Following Jackson v. Indiana (1972), it is generally accepted that an individual found incompetent to stand trial should be _____ for between 4 and 18 months, and then _____.

A) treated to restore competency; released
B) treated to restore competency; reevaluated
C) initially held without treatment; treated and released
D) initially held without treatment; treated and reevaluated

Question 44

According to the text, all of the following categories of people are significantly more likely to be found incompetent, EXCEPT:

A) adolescents under the age of 15.
B) youths with developmental disabilities.
C) youths with intellectual disabilities.
D) youths with physical disabilities.

Question 45

To commit someone to a mental institution for an indefinite period of time, an individual must be deemed either _____ or _____.

A) unable to provide for his or her basic needs; severely psychotic
B) unable to provide for his or her basic needs; imminently dangerous to self or others
C) in need of mental health treatment; suicidal
D) in need of mental health treatment; physically unfit

Question 46

If restoration to competence cannot be accomplished, proceedings may be held to issue a(n) _____ commitment.

A) voluntary civil
B) involuntary criminal
C) voluntary criminal
D) involuntary civil

Question 47

When requested to perform an assessment of competence, clinicians:

A) are bound by law to use the same methods of evaluation on everyone they assess.
B) generally utilize techniques familiar to them based on their training and experience.
C) utilize the most recent assessment techniques approved by APLS.
D) only use those assessment instruments that the opposing side's experts have used.

Question 48

Eric was scheduled for trial as a result of a felony offense. It was soon discovered that he was certain that the light fixtures throughout his city were purposely set there by aliens trying to spy on the native population. He was found incompetent to stand trial, but not because of his alien theory. He was found incompetent because:

A) his delusions hampered his ability to understand that aliens don't exist and, even if they did, they wouldn't tamper with the trial.
B) his delusions hampered his ability to assist in his own defense since he believed that his attorney was a spying alien.
C) of his ability to see aliens that interfered with his sense of right and wrong.
D) the crime had obviously been committed by aliens.

Question 49

The second edition of the Minnesota Multiphasic Personality Inventory (MMPI-2) is a measure of:

A) competency to stand trial.
B) intelligence.
C) psychopathology.
D) understanding of the legal system.

Question 50

Most states _____ have a formal process for the certification of CST evaluators, _____ specific test to determine competence.

A) do; and there is a gold standard
B) do; but there is no
C) do not; but there is a gold standard
D) do not; and there is no

Question 51

Courts can recommend forcible medication of defendants:

A) as part of standard treatment.
B) only in capital murder cases.
C) who are psychotic.
D) when they are a danger to self or others.

Question 52

Grisso and colleagues (2003) compared youths (ages 11 to 13) with young adults and found that youths are _____ likely to accept a plea bargain.

A) equally as
B) less
C) more
D) not

Question 53

Even if the accused is deemed incompetent to stand trial, he or she _____ to become competent, in the legal sense. According to the text, successful restoration of competency to stand trial happens for _____ of incompetent defendants.

A) may receive treatment; less than half
B) may receive treatment; the majority
C) would be released; less than half
D) would be released; the majority

Question 54

For over two years, Abel has been in and out of the state mental hospital, between brief periods of staying in jail and awaiting trial. After he has been deemed nonrestorable, criminal charges against him are likely to be:

A) refiled within the next 3 years.
B) filed with the Supreme Court.
C) dismissed or suspended.
D) reevaluated by the jury.

Question 55

A recent study by Gowensmith and colleagues (2012) that analyzed competency cases in Hawaii, found that three different independent evaluators agreed on whether the defendant was competent or incompetent about _____ of the time, and that judges agreed with the majority of the three evaluators _____ of the time.

A) half; over half
B) half; about 90%
C) 70%; about half
D) 70%; over 90%

Question 56

According to the text, all 50 states allow juveniles of a certain age to be _____ when charged with serious crimes.

A) housed with adult inmates
B) transferred to adult court
C) sentenced by the jury of their peers
D) executed

Question 57

Psychological tests related specifically to legal issues, for example, for the evaluation of competence to stand trial, are referred to as:

A) forensic evidence.
B) forensic assessment instruments.
C) psychological diagnostics.
D) criminal intent diagnostics.

Question 58

Prior to Jackson v. Indiana (1972), all of the following were true about the defendants that were deemed incompetent, EXCEPT:

A) they could be held in mental institutions indefinitely.
B) about half of them spent the rest of their lives in mental institutions.
C) they stayed in mental asylums no longer than their expected prison sentence.
D) hospital stays often exceeded the sentences that could have been given for their crimes.

Question 59

If a defendant is found incompetent to be executed, proceedings are initiated to_____ so that he or she can be _____.

A) restore him or her to competency; executed
B) dismiss the charges; restored to competency and released
C) suspend the execution; reevaluated to prove his insanity
D) replace the execution with life imprisonment; involuntarily committed

Question 60

According to research completed by Grisso and his colleagues (2003), the differences between adolescents (ages 11 to 17) and young adults (ages 18 to 24) in terms of their functioning on CST-related abilities were:

A) minimal.
B) moderate.
C) significant.
D) not present.

Question 61

Explain why competency to stand trial (CST) is a legal and not a psychological term. What are the key elements of CST?

Question 62

What does research show about the competencies of children and adolescents? Should there be specific requirements for competency to stand trial for juveniles as different from the ones for adults?

Question 63

As defined in the text, malingering means that an individual is:

A) dealing with a malignant condition.
B) intentionally faking a mental illness or disability.
C) effectively hiding an illness or disability.
D) incompetent to stand trial.

Question 64

Explain what is malingering and why some defendants might be compelled to resort to it. Would it be in their best interests? Why or why not?