
Contents
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Legal Context Legal Context
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Legal Standards for Competency Legal Standards for Competency
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Case Law Subsequent to Dusky Case Law Subsequent to Dusky
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Competency Procedures Competency Procedures
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Competency Restoration Competency Restoration
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Medication Medication
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Forensic Mental Health Concepts Forensic Mental Health Concepts
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Mental Illness as a Prerequisite for Incompetence Mental Illness as a Prerequisite for Incompetence
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Psycholegal/Competence-Related Abilities Psycholegal/Competence-Related Abilities
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Understanding Understanding
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Appreciation Appreciation
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Reasoning Reasoning
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Consulting and Assisting Consulting and Assisting
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Decision Making Decision Making
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Functional and Contextual Nature of Competency and its Evaluation Functional and Contextual Nature of Competency and its Evaluation
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Empirical Foundations and Limits Empirical Foundations and Limits
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Research on Adjudicative Competence Research on Adjudicative Competence
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Procedural Issues Procedural Issues
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Characteristics of Referred and Incompetent Defendants Characteristics of Referred and Incompetent Defendants
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Reliability and Validity of the Evaluation Process Reliability and Validity of the Evaluation Process
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Restoration of Competence Restoration of Competence
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Competency Assessment Instruments Competency Assessment Instruments
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The Evaluation The Evaluation
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Selecting an Evaluator Selecting an Evaluator
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Defense Counsel’s Role in the Evaluator’s Preparation Defense Counsel’s Role in the Evaluator’s Preparation
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The Goal of the Evaluation The Goal of the Evaluation
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Report Writing and Testimony Report Writing and Testimony
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Report Contents Report Contents
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Forensic Evaluation Forensic Evaluation
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Inappropriate Report Contents Inappropriate Report Contents
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Importance of Providing the Bases for the Opinion/Conclusions Importance of Providing the Bases for the Opinion/Conclusions
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Testimony Testimony
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Summary Summary
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References References
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2 Evaluation of Competence to Stand Trial in Adults
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Published:December 2012
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Abstract
This chapter examines the legal context for evaluating an adult's competence to stand trial, along with the relevant concepts in forensic mental health assessment (FMHA). It begins with an overview of the empirical foundations and limitations of competency evaluation, followed by a discussion on competency procedures, restoration of competency, and the right of incompetent defendants regarding medication. It then describes FMHA concepts, including mental illness as a prerequisite for incompetence, psycholegal/competence-related abilities, and reasoning. The chapter concludes by reviewing the evaluation process, report writing, and testimony for legal professionals involved in cases where the competency issue is raised.
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