Relevant bibliographies by topics / Competency to stand trial – United States

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Academic literature on the topic 'Competency to stand trial – United States'

Author: Grafiati
Published: 4 June 2021
Last updated: 8 February 2022

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Journal articles on the topic "Competency to stand trial – United States"

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Beltrani, Amanda, and Patricia A. Zapf. "Competence to stand trial and criminalization: an overview of the research." CNS Spectrums 25, no. 2 (November 20, 2019): 161–72. http://dx.doi.org/10.1017/s1092852919001597.

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Beginning in the 1960s, a steady decline in the number of inpatient psychiatric beds has occurred across the United States, primarily as a result of stricter civil commitment criteria and a societal movement toward deinstitutionalization. Concomitant with this decrease in psychiatric beds has been a steady increase in the number of mentally ill individuals who are arrested and processed through the criminal justice system as defendants. One consequence of this has been an explosion in the number of defendants referred for evaluations of their present mental state—adjudicative competence—and subsequently found incompetent and ordered to complete a period of competency restoration. This has resulted in forensic mental health systems that are overwhelmed by the demand for services and that are unable to meet the needs of these defendants in a timely manner. In many states, lawsuits have been brought by defendants who have had their liberties restricted as a result of lengthy confinements in jail awaiting forensic services. The stress on state-wide forensic systems has become so widespread that this has reached the level of a near-national crisis. Many states and national organizations are currently attempting to study these issues and develop creative strategies for relieving this overburdening of forensic mental health systems nationwide. The purpose of this article is to review the current state of the research on competence to stand trial and to highlight those issues that might be relevant to the issue of criminalization of individuals with mental illness in the United States.
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Kirkorsky, Scott E., Mary Gable, and Katherine Warburton. "An overview of jail-based competency restoration." CNS Spectrums 25, no. 5 (December 19, 2019): 624–29. http://dx.doi.org/10.1017/s1092852919001731.

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Forensic populations in the United States are increasing, driven largely by a rise in individuals determined to be Incompetent to Stand Trial (IST). Across most states, including California, the number of mentally ill inmates awaiting competency restoration has increased dramatically in recent years. Traditionally, competency restoration has taken place in state hospitals, but incompetent inmates often experience a significant wait for state hospital beds because of the rising demand for beds in such facilities. The resulting waitlists, which range from days to months, have led to states being held in contempt of court for violating limits placed on how long incompetent defendants can be held in jail. Therefore, alternatives to state hospitalization for IST patients have been developed, including jail-based competency (JBCT) restoration programs. JBCT programs provide restoration services in county jails, rather than in psychiatric hospitals. The following article will review the nature of JBCT programs and will emphasize the structure and evolution of such programs within California.
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Warburton, Katherine, Barbara E. McDermott, Anthony Gale, and Stephen M. Stahl. "A survey of national trends in psychiatric patients found incompetent to stand trial: reasons for the reinstitutionalization of people with serious mental illness in the United States." CNS Spectrums 25, no. 2 (January 9, 2020): 245–51. http://dx.doi.org/10.1017/s1092852919001585.

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Objective.Recent information indicates that the number of forensic patients in state hospitals has been increasing, largely driven by an increase in patients referred to state hospitals as incompetent to stand trial (IST). This survey was intended to broaden the understanding of IST population trends on a national level.Methods.The authors developed a 30-question survey to gather specific information on IST commitments in each state and the District of Columbia. The survey was administered to all 50 states and the District of Columbia via email. Specific individuals identified as primary administrators responsible for the care and evaluation of IST admissions in each state were contacted.Results.A total of 50 out of the 51 jurisdictions contacted completed the survey. Fully 82% of states indicated that referrals for competency evaluation were increasing. Additionally, 78% of respondents thought referrals for competency restoration were increasing. When asked to rank factors that led to an increase, the highest ranked response was inadequate general mental health services in the community. Inadequate crisis services were the second ranked reason. Inadequate number of inpatient psychiatric beds in the community was the third highest, with inadequate assertive community treatment services ranking fourth.Conclusions.Understanding the national trend and causes behind the recent surge in referrals for IST admissions will benefit states searching for ways to remedy this crisis. Our survey indicates most states are facing this issue, and that it is largely related to insufficient services in the community.
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Gowensmith, W. Neil, Debra A. Pinals, and Alexandra C. Karas. "States’ Standards for Training and Certifying Evaluators of Competency to Stand Trial." Journal of Forensic Psychology Practice 15, no. 4 (August 4, 2015): 295–317. http://dx.doi.org/10.1080/15228932.2015.1046798.

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Robbins, E., J. Waters, and P. Herbert. "Competency to stand trial evaluations: a study of actual practice in two states." Journal of Clinical Forensic Medicine 5, no. 3 (September 1998): 153–54. http://dx.doi.org/10.1016/s1353-1131(98)90042-6.

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Gowensmith, W. Neil, and Kevin P. Robinson. "Fitness to stand trial evaluation challenges in the United States: Some comparisons with South Africa." South African Journal of Psychology 47, no. 2 (October 13, 2016): 148–58. http://dx.doi.org/10.1177/0081246316673523.

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Like the Republic of South Africa, the United States faces serious challenges regarding fitness to stand trial evaluations, including long waitlists for individuals awaiting such evaluations. Some similarities exist between the RSA and US evaluation systems, including an increasing number of referrals for fitness to stand trial evaluations, limited evaluator resources, and concerns about the significant restrictions on civil liberties for those awaiting evaluation. Recently, the United States has implemented several different solutions to address these issues. These have included broadening the eligibility requirements for fitness to stand trial evaluators, utilizing localized and short-term settings for fitness to stand trial evaluations, and a host of other ideas. This article examines these different solutions, discusses their relevance and potential effectiveness for the RSA evaluation system, and makes recommendations for consideration by policy makers and mental health professionals.
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Riddle, Kristie, and Lindsay Domiano. "Does teaching methodology affect medication dosage calculation skills of undergraduate nursing students?" Journal of Nursing Education and Practice 10, no. 3 (November 25, 2019): 36. http://dx.doi.org/10.5430/jnep.v10n3p36.

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One of the most critical functions of a nurse is the safe administration of medications. To ensure patient safety, nurses must be competent in medication dosage calculation (MDC) skills. It is imperative that nursing educators discover the most effective teaching methodology to ensure the greatest level of competency in MDC skills. The purpose of this causal-comparative quantitative study was to compare the effects of two teaching methodologies on senior-level nursing students’ completion of program MDC requirements, mathematics self-efficacy, and MDC competency at program end. The sample consisted of 94 senior-level bachelor’s degree nursing students from a southeastern United States university in the spring of 2015. Each participant completed a demographic questionnaire, Mathematics Self-Efficacy Scale (MSES), and MDC competency exam. Participants were assigned to one of two groups based on whether the participants completed MDC education in a stand-alone course or throughout the curriculum through self-learning modules. Chi-square and independent t-test results indicated that there were no statistical differences between the two groups (stand-alone course vs. self-learning modules) and ability to complete program MDC requirements, MSES scores, and MDC competency exam scores at program end. Data analysis using Chi-square and Fisher’s Exact tests indicated a statistically significant, but weak, correlation between MSES scores and MDC competency exam scores. Findings from this study indicate teaching MDC to nursing students using a stand-alone course versus self-learning modules produces the same results in the students’ ability to complete program MDC requirements, mathematics self-efficacy, and MDC competency at program end.
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Abrams, Laura S., Elizabeth S. Barnert, Matthew L. Mizel, Antoinette Bedros, Erica Webster, and Isaac Bryan. "When Is a Child Too Young for Juvenile Court? A Comparative Case Study of State Law and Implementation in Six Major Metropolitan Areas." Crime & Delinquency 66, no. 2 (April 9, 2019): 219–49. http://dx.doi.org/10.1177/0011128719839356.

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There is a dearth of knowledge concerning statutes and practices designed to protect younger children from formal juvenile court petitions. This case study examines minimum age laws and related statutes in the six largest U.S. states and explores implementation of these policies and practices in major metropolitan areas within these states. The primary study methods included legal analysis and stakeholder interviews. Legal analysis identified diverse minimum age laws across states and complex statutes related to children’s capacity to stand trial and competency. Stakeholders across the six cases agreed that the state should protect young children from formal delinquency petitions when possible. Discretionary statutes and practices appeared to play a key yet inconsistent role in excluding younger children from juvenile court.
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Carlson, Colleen A., Harold E. Burkhart, H. Lee Allen, and Thomas R. Fox. "Absolute and relative changes in tree growth rates and changes to the stand diameter distribution of Pinus taeda as a result of midrotation fertilizer applications." Canadian Journal of Forest Research 38, no. 7 (July 2008): 2063–71. http://dx.doi.org/10.1139/x08-050.

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Silvicultural treatments have the potential to change the diameter distribution of a stand, which can alter the final product mix of the stand. Growth and yield models need to account for these changes in the diameter distribution to assess the economic viability of the silvicultural operations. We investigated how the diameter distribution of Pinus taeda L. stands changes as a result of midrotation fertilization. Data from 43 installations of a nitrogen and phosphorus midrotation fertilizer trial series established in the southeastern United States were used in the study. The results indicated that both the absolute growth response and the relative growth response of individual trees were greater among the larger trees. A three-parameter Weibull distribution fitted at each study site was used to investigate how the parameters of the distribution changed with time and treatment. The location and scale parameters of the Weibull distribution were both affected by fertilization. Stand variables, such as site index, age, stand density, and mean diameter at time of fertilization, also affected the location and scale parameters. The shape parameter was not affected by any of the treatments in this study.
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Hornung, Carlton, Carolyn Thomas Jones, Terri Hinkley, Vicki Ellingrod, and Nancy Calvin-Naylor. "2069." Journal of Clinical and Translational Science 1, S1 (September 2017): 43–44. http://dx.doi.org/10.1017/cts.2017.158.

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OBJECTIVES/SPECIFIC AIMS: Clinical research in the 21st century will require a well-trained workforce to insure that research protocols yield valid and reliable results. Several organizations have developed lists of core competencies for clinical trial coordinators, administrators, monitors, data management/informaticians, regulatory affairs personnel, and others. While the Clinical Research Appraisal Inventory assesses the self-confidence of physician scientists to be clinical investigators, no such index exists to assess the competence of clinical research professionals who coordinate, monitor, and administer clinical trials. We developed the Competency Index for Clinical Research Professionals (CICRP) as a general index of competency (ie, GCPs) as well as sub-scales to assess competency in the specific domains of Medicines Development; Ethics and Participant Safety; Data Management; and Research Methods. METHODS/STUDY POPULATION: We analyzed data collected by the Joint Task Force on the Harmonization of Core Competencies from a survey of research professionals working in the United States and Canada. Respondents reported how competent they believed themselves to be on 51 clinical research core competencies. Factor analyzes identified 20 core competencies that defined a Competency Index for Clinical Research Professionals—General (CICRP-General, ie, GCPs) and 4 subindices that define specialized research functions: Medicines Development; Ethics and Participant Safety; Data Management; and Research Concepts. RESULTS/ANTICIPATED RESULTS: Factor analysis identified 20 core competencies that defined a Competency Index for Clinical Research Professionals—General (CICRP-General, ie, GCPs) and 4 subindices that define specialized research functions: Medicines Development; Ethics and Participant Safety; Data Management; and Research Concepts. DISCUSSION/SIGNIFICANCE OF IMPACT: These indices can be used to gage an individual’s readiness to perform general as well as more advanced research functions; to assess the education and training needs of research workers; and to evaluate the impact of education and training programs on the competency of research coordinators, monitors, and other clinical research team members.
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Dissertations / Theses on the topic "Competency to stand trial – United States"

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Ustad, Karen L. (Karen Lee). "Standardization of the Assessment of Competency to Stand Trial." Thesis, University of North Texas, 1994. https://digital.library.unt.edu/ark:/67531/metadc278831/.

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Evaluations of the Georgia Court Competency Test - Mississippi Version Revised (GCCT-MSH) and the Competency Screening Test (CST) have supported their use with pretrial defendants. The present study evaluated the efficacy of the measures with an inpatient population. Both measures were factor analyzed in an attempt to replicate; previously identified factor structures. Neither factor structure was replicated however, a distinct factor structure was identified for the GCCT-MSH. In addition, the relationship between sociodemographic variables, clinical variables, current symptomatology, and competency status were evaluated using discriminant functions analyses. The results suggest that the best predictors of incompetency in this sample are a diagnosis of a psychotic disorder or a non-psychotic affective disorder and a low measured IQ. Current symptomatology, as measured by the SCL-90-R, was not an effective predictor of competency status in this sample.
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Books on the topic "Competency to stand trial – United States"

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1947-, Roesch Ronald, ed. Evaluation of competence to stand trial. New York: Oxford University Press, 2008.

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Thomas, Grisso, ed. Evaluation of juveniles' competence to stand trial. New York: Oxford University Press, 2008.

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3

ABA criminal justice mental health standards. Washington, D.C: American Bar Association, 1989.

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Morse, Stephen J. Involuntary Competence in United States Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198788478.003.0010.

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This chapter explores all the stages in the United States criminal justice process in which a defendant or prisoner may become incompetent and a potential candidate for involuntary treatment to restore the subject’s competence, including competence to stand trial, competence to plead guilty and to waive trial rights, competence to represent himself, and competence to be sentenced. Other legal systems may treat this as primarily a mental health law question addressed best by mental health laws, but in the United States, it is a criminal law question, although some courts are very deferential to the judgement of mental health professionals. The chapter then surveys the law and offers a normative set of recommendations for when involuntary treatment is justified, as well as recommendations for the disposition of the subject if involuntary treatment is not justified or is unsuccessful.
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Bonnie, Richard J., Norman G. Poythress Jr, and John Monahan. Adjudicative Competence: The MacArthur Studies. Springer, 2012.

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Godfrey, Poythress Norman, ed. Adjudicative competence: The MacArthur studies. New York: Kluwer Academic/Plenum Publishers, 2002.

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Bonnie, Richard J., John Monahan, Norman G. Poythress Jr, Randy Otto, and Steven K. Hoge. Adjudicative Competence: The MacArthur Studies (Perspectives in Law & Psychology). Springer, 2002.

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American Nuremberg: The US officials who should stand trial for post-9/11 war crimes. 2016.

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Gordon, Rebecca. American Nuremberg: The U. S. Officials Who Should Stand Trial for Post-9/11 War Crimes. Skyhorse Publishing Company, Incorporated, 2016.

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Roskes, Erik J., and Donna Vanderpool. Forensic issues. Oxford University Press, 2015. http://dx.doi.org/10.1093/med/9780199360574.003.0061.

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A range of forensic psychiatry issues frequently present themselves in correctional settings. Incompetency to stand trial is one such concern. In some states, defendants found incompetent to stand trial must be managed in jail. Litigation is another important issue. Psychiatrists working in correctional settings often have increased litigation risks regarding professional negligence and other forms of liability. Especially important is understanding whether their insurer covers correctional work. One common form of litigation is habeas corpus. For example, a habeas petition could be brought to seek medical interventions denied by the detaining institution, and as such, the medical staff could be named defendants. Many class actions have involved correctional mental health care. Often clinicians working in correctional settings welcome these litigations, as they focus the attention of the courts on deficiencies in care related to inadequate resources. While such lawsuits can be sensitive, especially in the earlier phases when the outcome is in doubt, correctional psychiatrists and other clinicians may also serve as sources of information for each party to the case and to the court. Another key topic is the correctional disciplinary process. Mental health input into the disciplinary process does not address issues of responsibility but is limited to identifying mitigating factors related to mental illness when present, dispositional recommendations when clinically appropriate, and competency-to-proceed issues in the context of the disciplinary hearing. This chapter reviews key issues of relevance to correctional psychiatrists, such as competency restoration, court collaboration, and litigation related concerns.
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Book chapters on the topic "Competency to stand trial – United States"

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Hafemeister, Thomas L. "Underpinnings of the Competence to Stand Trial Standard." In Criminal Trials and Mental Disorders, 77–99. NYU Press, 2019. http://dx.doi.org/10.18574/nyu/9781479804856.003.0004.

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Chapter 3 begins a discussion of competency to stand trial (CST) determinations. CST is arguably the most significant mental health inquiry associated with criminal justice proceedings. It is a “bedrock” issue in that the United States Supreme Court (USSC) has ruled that a criminal defendant’s constitutional right to a fair trial is violated if the trial proceeds while the defendant is incompetent to stand trial (IST). This chapter examines the initial USSC ruling establishing CST as a constitutional right, its underlying principles and the forces that likely shaped the Court’s determination, and why this right was only recognized relatively recently. It also describes the doctrine’s “public” face as shaped by a few highly-publicized cases, and why questions regarding defendants’ CST are not raised as frequently as they probably should be.
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Eisenbrandt, Matt. "Baby Robbers, Mad Bombers, and Other Assorted Criminals." In Assassination of a Saint. University of California Press, 2017. http://dx.doi.org/10.1525/california/9780520286795.003.0007.

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As the chapter describes the legal team’s continuing search for Alvaro Saravia, it provides the background on Saravia’s criminal past in El Salvador that led him to come to the United States. Salvadoran authorities finally launched a serious investigation into the Romero assassination leading to the testimony of the getaway driver, Amado Garay, and the arrest of Saravia in Miami. Roberto D’Aubuisson and others infuriated the U.S. government by undermining a case to have Saravia extradited to stand trial in El Salvador. With Saravia still facing immigration problems, a U.S. embassy official took advantage of Saravia’s predicament to get information from him about Romero’s murder. Those details largely matched the findings of a Truth Commission report issued a few years later, after the end of El Salvador’s civil war.
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Bennett, Nolan. "Whittaker Chambers and the Confessions of Ex-Communists." In The Claims of Experience, 137–62. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190060695.003.0006.

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Chapter 5 places Whittaker Chambers’s 1952 Witness within the American panic over communism during the second Red Scare. In the late 1940s, Chambers took the stand before the House Un-American Activities Committee to confess that he and Alger Hiss, among others, had conspired against the United States from a Soviet underground cell. Though Hiss’s prison sentence was a legal victory, the autobiography claimed authority back from the trials and the state’s capacity to make meaning of Chambers’s life. Chambers argued for a return to the authority of God and fathers outmoded in a secular modernity exemplified by communism and New Deal liberalism. Although the trial of Hiss had publicized these accusations, Chambers turned to autobiography to achieve where he thought he had failed: to convert Americans to a Christian anticommunism and to compel present and former communists to confess, though he would ultimately fail to convert Hiss himself.
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Reports on the topic "Competency to stand trial – United States"

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Lynne, Rex D. Relocate GTMO Detainees to Stand Trial in the United States. Fort Belvoir, VA: Defense Technical Information Center, March 2011. http://dx.doi.org/10.21236/ada553126.

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