Assessing Judges' Perceptions of the Quality of Competence to Stand Trial Reports


Book Description

Competence to stand trial evaluations (CST) are the most commonly conducted forensic mental health assessment (FMHA). Thus, it is crucial to examine components of CST evaluations under the guidelines of best practices. CST evaluations typically result in a written report, and prior research has indicated that these reports are highly influential to judges presiding over CST hearings. After Heilbrun (2001) published 29 principles of FMHA, Heilbrun et al. (2009) published an expanded list of 38 principles of FMHA that are meant to steer forensic evaluators through the process of FMHA and provide best practice guidelines. This study aims examined the impact that Heilbrun's principles of FMHA have on judges' perceptions of CST reports. The participants were split into three groups, one group receiving a high principle adherence report, one group receiving a moderate principle adherence report, and one receiving a low principle adherence report. The judges then rated the quality of the reports. The results demonstrated that there was no significant relationship between the level of adherence to the principles of FMHA and judges' perceptions of the quality of the report. Findings indicate that judicial decision makers do not hold forensic mental health reports to the same standards that psychologists do.




The Cambridge Handbook of Psychology and Legal Decision-Making


Book Description

Presenting state-of-the-art research, this Handbook summarises emerging and establishing topics in the area of legal decision-making. Interdisciplinary in its approach, it covers decisions made within the criminal justice system, the trial process, and clinical settings. Chapters, written by accomplished academics and experts in the field, synthesize historical context, identify gaps in existing literature, propose future directions of study, and discuss policy limitations. It also includes 'perspectives from the field' essays written by professionals - a judge, an attorney, a police officer, a trial consultant, and a probation officer - to bridge the gap between academic research and its application to the real world. It is intended as a go-to resource for students and researchers who want to immerse themselves in a body of scientific research to understand its history and shape its future.




Competency to Stand Trial


Book Description




How to Measure the Quality of Judicial Reasoning


Book Description

This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.




Evaluation of Juveniles' Competence to Stand Trial


Book Description

Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful gloassary of key terms for the particular topic In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.




Annual Report


Book Description




Safeguarding the Quality of Forensic Assessment in Sentencing


Book Description

This edited collection provides an interdisciplinary and cross-national perspective on safeguarding the quality of forensic assessment in sentencing offenders. Taking an in-depth look at seven different Western countries, each chapter provides an overview of the role of assessment in sentencing offenders, as well as a focus on formal ways in which the respective country’s legal system and disciplinary associations protect the quality of forensic assessment. Each chapter explores how to assure better decision making in individual cases based on assessments of psycholegal concepts such as mental disorder/insanity, criminal responsibility and dangerousness. Combining the perspectives of lawyers, legal scholars, and clinicians working in the field, this book is essential for those working in and with forensic assessment. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.




Assessing Negative Response Bias in Competency to Stand Trial Evaluations


Book Description

Evaluations of a defendant's competence to stand trial (CST) are probably the most frequently performed forensic evaluations, with estimates in the United States ranging from 60,000 to 70,000 annually. In order for CST evaluations to be considered thorough and accurate, examiners must assess for possible lack of cooperation, feigning, or malingering - the intentional production or gross exaggeration of false or grossly exaggerated physical or psychiatric symptoms, motivated by external incentives. Yet, there are accounts that CST examiners often do not assess for negative response bias, and even if they do nevertheless fail to identify a considerable number of examinees that do feign. Assessing Negative Response Bias in Competency to Stand Trial Evaluations provides readers with a comprehensive guide to assessing whether a defendant has feigned mental impairment during a competency to stand trial evaluation, or simply did not put forth his/her best effort. This book reviews the literature on assessing feigning and negative response bias, with particular focus on issues, tests, and data relevant to CST evaluations, and examines proposed criteria and statistical methods of determining and classifying assessment results. It introduces readers to aspects of the vibrant neuropsychological response style literature, an area many forensic psychologists appear to have overlooked. Additionally, it offers recommendations for research and policy regarding the parameters of CST assessment.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Conceptualizing and Characterizing Accuracy in Assessments of Competence to Stand Trial


Book Description

This article describes a mathematical framework for conceptualizing the accuracy of forensic experts' opinions on competence to stand trial (CST) and explains how an expert's expressed opinion about CST can be decomposed into four elements: (1) contextual requirements of the defendant (determined partly by the defendant's past actions) that lie outside the defendant's future control; (2) personal attributes of the defendant that are relevant to competence; (3) the expert's intrinsic ability to distinguish competent from incompetent defendants; and (4) the expert's wish to favor or avoid certain types of outcomes (e.g., a preference to avoid seeing an incompetent defendant stand trial for a serious charge). Because experts are imperfect and have varying levels of confidence in their opinions, one can describe the accuracy of CST assessments by using receiver operating characteristic (ROC) analysis. The article describes some types of insights one might derive from ROC analyses of CST assessments if experts, at least for research purposes, expressed opinions as graded levels of confidence. Although no satisfactory gold standard exists for establishing the truth about a defendant's competence, statistical methods developed over the past two decades may allow investigators to make inferences about the diagnostic accuracy of experts' CST assessments.