The law in the United States requires that criminal defendants be competent to participate in the adjudicatory proceedings against them. Legal competence is a complex construct that includes both the fundamental capacities needed to participate in the process (adjudicative competence) and a degree of autonomy in making important case decisions (decisional competence). This research paper
In the United States, it is permissible, with the approval of the judge, for a criminal defendant to act as his or her own attorney when the case goes to court. Legal and clinical issues related to the defendant’s being competent to waive the right to legal representation are discussed in this research paper. In
Appellate review of a felony conviction is a constitutional right. The validity of a relinquishment of this or any other constitutional right rests on whether the waiver is made knowingly, intelligently, and voluntarily. There are two distinct arenas where waivers of appeals are encountered: plea bargains in criminal cases and death-sentenced inmates “volunteering” for execution.
The legal standard for competency to stand trial in the United States was articulated by the U.S. Supreme Court in Dusky v. United States (1960), wherein the Court determined that a defendant must have “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and a “rational as well as
Competency to confess refers to a suspect’s ability to make a knowing, intelligent, and voluntary waiver of the Miranda warnings at the time of police questioning. Confessions that are given after a suspect waives his or her Miranda rights are sometimes challenged on the basis that the suspect was not competent to confess, meaning that
The question of whether an individual is competent to be sentenced hinges on the broader question “What is competence?” In general, competence is defined within the legal arena as the mental ability to play an active role in legal proceedings. Competency to be sentenced is a specific form of legal competence that addresses an individual’s
The Competency Screening Test (CST) was developed to address the unnecessary pretrial detention and commitment of individuals charged with crimes but likely to be judged fit to stand trial. This forensic instrument was designed and tested to provide objective measures based on the legal criteria for determination of a defendant’s capacity to participate in his
The Competence to Stand Trial Assessment Instrument, often called the Competency Assessment Instrument (CAI), was developed in 1973 as a companion instrument to the Competency Screening Test (CST) and sought to standardize as well as quantify the criteria for competence to stand trial. The instrument was created by an interdisciplinary team of psychologists, psychiatrists, and
As discussed previously, forensic psychology is the interaction between the clinical practice of psychology and the law. Insanity and competency are two legal issues that examine specific mental health aspects of clinical practice within the legal context. Courts utilize forensic psychologists as experts to assist in arriving at legal decisions for both, but the focus
This article explores the critical role of cultural competency in the realm of health psychology and its profound impact on effective health promotion. The introduction provides an overview of health psychology’s significance in promoting well-being, setting the stage for a thorough examination of cultural competency as a conceptual framework in the first section. Delving into