Chat with AI
Deck 8: Section 1: Competency to Stand Trial
Full screen (f)
Question
Question
Question
Unlock Deck
Sign up to unlock the cards in this deck!
Unlock Deck
Unlock Deck
1/3
Play
Full screen (f)
Deck 8: Section 1: Competency to Stand Trial
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?
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.
• 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.
Explain why competency to stand trial (CST) is a legal and not a psychological term. What are the key elements of CST?
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.
• 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.
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?
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.
• 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.
Unlock Deck
Unlock for access to all 3 flashcards in this deck.
