NCJ Number
99177
Date Published
1985
Length
20 pages
Annotation
This policy brief is intended to guide State legislatures in ensuring compliance with the U.S. Supreme Court's standards for competency determinations and to assist mental health professionals in evaluating defendants without unnecessarily hospitalizing them or unduly delaying the trial process.
Abstract
One section of the brief reviews the key legal elements and structural features pertaining to competency evaluations. Florida is identified as one State that has enacted a statute and accompanying court rules that specify competency determination procedures conforming to U.S. Supreme Court standards set in Dusky v. United States (1960). Florida's pertinent rules of criminal procedure are outlined, and the full text of Florida's statute and court rules is presented in the appendix. The description and charting of three structural approaches to competency evaluations encompass (1) inpatient assessment with no screening, (2) outpatient screening with inpatient assessment, and (3) outpatient screening with outpatient assessment. Phases in the process of obtaining defendant mental health evaluations, as defined by Ingo Keilitz, are described. These include requesting a competency evaluation, gathering data, and submitting a report. Another section of the brief reviews the benefits that can be derived from a revised competency evaluation process: (1) clarification of purpose and expected outcome, (2) speedier case flow, (3) reduced cost, and (4) a consistent approach to the evaluation process. An agenda is set for reform action. Twenty-four references are listed.