By Patricia Zapf, Ronald Roesch
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Additional info for Evaluation of Competence to Stand Trial (Best Practices for Forensic Mental Health Assessment)
S. Supreme Court ment in an institution, which would diminish held that antipsychotic the risks of freeing without punishment one drugs could be who has committed a serious crime. In addition administered against to its substantial interest in timely prosecution, the defendant’s will for the Government has a concomitant interest in the purpose of assuring a defendant a fair trial. . restoring competency Second, the court must conclude that forced in limited medication will significantly further those con- circumstances.
DELUSIONS OR HALLUCINATIONS Delusions and hallucinations are two primary symptoms of psychosis and are particularly relevant to a defendant’s CST. As discussed in this chapter, however, it is not simply the presence or absence of delusions Forensic Mental Health Concepts 31 that is relevant, but rather the impact of the degree of intrusiveness of abnormal ideation or perception on the defendant’s ability to proceed with trial (see Goldstein & Burd, 1990). To be considered incompetent, false ideas or hallucinatory experiences must interfere, at least to some extent, with the ability to think clearly and logically in areas relevant to CST.
2 chapter 38 Foundation event and the ability to recall overlearned material (semantic memory). ), • the current charges faced by the defendant, • the elements of an offense, • the consequences of conviction (in a general manner), and • the rights waived in making a guilty plea. The defendant’s factual understanding of the legal process includes a basic knowledge of legal strategies and options, although not necessarily as applied to the defendant’s own particular case (case-specific understanding usually is encompassed by appreciation [rational understanding]; see next section).