NCJ Number
14673
Date Published
1974
Length
70 pages
Annotation
REVIEW OF THE LEGAL AND MEDICAL COMPLEXITIES OF COMPETENCY DETERMINATIONS AND SOME SUGGESTIONS FOR PSYCHIATRISTS CHARGED WITH THAT RESPONSIBILITY.
Abstract
THERE ARE A VARIETY OF ABUSES WHICH ATTEND THE LEGAL PROCEDURES OF COMPETENCY TO STAND TRIAL. MOST OF THESE ABUSES ORIGINATE IN THE FACT THAT LAWYERS CAUGHT UP IN THE ADVERSARY PROCESS OF THE CRIMINAL LAW TEND TO EXPLOIT PROCEDURAL DEVICES TO GAIN TACTICAL ADVANTAGE. PSYCHIATRISTS HAVE UNWITTINGLY COLLABORATED IN THESE TACTICAL MANEUVERS BY LOSING SIGHT OF THE FACT THAT THEIR PRIMARY RESPONSIBILITY IS TO THEIR PATIENTS. THE PURPOSE OF THIS REPORT IS TO REVEAL THE COMPLEXITIES AND AMBIGUITIES OF THIS LOW-VISIBILITY DECISION-MAKING PROCEDURE AND TO OFFER GUIDANCE TO PSYCHIATRISTS SO THAT THEY MAY FIND THEIR WAY THROUGH THE LEGAL TECHNICALITIES WHILE ASSERTING THEIR PRIMARY FUNCTION. THE COMPETENCY STANDARD IS TWO-PRONGED - ON THE ONE HAND IT INCLUDES CAPACITY OF DEFENDANT TO CONSULT WITH HIS ATTORNEY AND, ON THE OTHER, CAPACITY TO UNDERSTAND THE PROCEEDINGS AGAINST HIM. HOWEVER, PSYCHIATRY AND THE CRIMINAL LAW HAVE DIFFERING APPROACHES TO CLASSIFYING THE DEFENDANT'S BEHAVIOR. FOR EXAMPLE, THE TERM 'MENTAL CAPACITY' INCLUDES FOR THE PSYCHIATRIST MANY ASPECTS OF MENTAL CONDITION, BUT THE LAW VIEWS CAPACITY SOLELY IN TERMS OF COGNITION AND MEMORY. AS AN ILLUSTRATION OF THE PROBLEMS OF CROSS-DISCIPLINARY COMMUNICATION, THE AUTHORS PRESENT EXCERPTS FROM A TRIAL TRANSCRIPT AND THEN DISCUSS THE ISSUES RAISED BY THE CASE. THE HISTORICAL AND FUNCTIONAL PURPOSES OF THE COMPETENCY DETERMINATION ARE REVIEWED AND SOME SPECIFIC SUGGESTIONS FOR INCORPORATING PSYCHIATRIC INFORMATION INTO COMPETENCY STANDARDS ARE MADE. THE FINAL CHAPTER PROPOSES NEW PROCEDURES AIMED AT ACHIEVING AN INTELLIGENT COLLABORATION BETWEEN COURTS OF LAW AND THE PSYCHIATRIC PROFESSION. (SNI ABSTRACT)