Assessment of Competence and Criminal Responsibility

When is a criminal defendant not mentally competent under the law to continue with their legal case? When is a defendant not responsible for a criminal act based on their mental disease or defect? The answers to these questions–found through assessments of competence to stand trial and criminal responsibility – are key to ensuring that a criminal defendant has the requisite knowledge and skills to participate in their legal case and the mens rea to be convicted of a crime. By applying psychological knowledge to the parameters of the law, forensic mental health experts can assist the legal system to better understand defendants’ current and past mental states and functioning. In order to be capable of doing this properly, the forensic evaluator must have a strong knowledge of the law related to assessment as well as clinical expertise. 

Chapter fourteen of the Litigator’s Handbook of Forensic Medicine, Psychiatry, and Psychology, authored by Jennifer L. Piel, M.D., J.D., geared toward litigators, judges, and forensic evaluators, discusses issues associated with expert testimony related toa defendant’s competence for trial and mental state at the time of a criminal act. This includes the legal framework, approaches to (and the complexities of) clinical assessments, key considerations for evaluators, and common pitfalls in criminal competence, insanity and other mental state assessments. 

•  Legal standard for competence to stand trial 

•  Burden of proof for competence to stand trial 

•  Fifth Amendment implications of trial competence evaluations 

•  Criminal competency evaluations

•  Legal standard for criminal responsibility and related defenses, including insanity 

•  Competence to waive Miranda rights, proceed with extradition, plea (or refuse), waive right to appeal, to be executed and for self-representation 

•  Insanity evaluations 

•  Common errors in criminal competence and insanity evaluations 

•  Treatment of defendants who are not competent to stand trial 

•   Common misperceptions of the insanity defense 

•  Sample expert direct examination questions 

•  Sample expert cross examination questions 

With a comprehensive literature review and numerous illustrative cases, the Assessment of Competence and Criminal Responsibility chapter is an invaluable resource for mental health professionals, attorneys, and judges when undertaking to determine criminal competences and criminal responsibility.