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OtherREGULAR ARTICLE

Evaluating Competency to Stand Trial with Evidence-Based Practice

Richard Rogers and Jill Johansson-Love
Journal of the American Academy of Psychiatry and the Law Online December 2009, 37 (4) 450-460;
Richard Rogers
PhD
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Jill Johansson-Love
PhD
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    Table 1

    Description and Congruence (“Fit”) between Dusky's Prongs and Selected Competency Measures

    MeasureScale (n)TypeM LengthDusky ProngRepresentative Content
    MacCAT-CAUnderstanding (8)Hypoth45.3Factual understandingRoles of courtroom personnel; understanding different criminal charges related to assault; understanding convictions and plea bargaining
    Reasoning (8)Hypoth39.9Consult counselDistinguishing helpful from unhelpful information to provide to counsel; understanding mitigating factors (e.g., provocation and intoxication); making decisions about plea bargaining
    Appreciation (6)Case22.7Rational understandingBeliefs about outcome (likelihood of conviction and punishment); perception of lawyer (helpfulness and trust with all information); beliefs about the legal system (fairness and viability of plea bargaining)
    ECST-RFAC: factualCase7.2Rational understandingRoles of courtroom personnel; understanding the criminal charges
    CWC: counselCase7.7Consult counselPerceptions and expectations of counsel; identifying and resolving disagreements with counsel; impaired communication with counsel
    RAC: rationalCase8.1Decision-making about trial; appraisal of different outcomes; problematic courtroom experiences
    CAST-MRLegal concepts (25)Case20.3Factual understandingThe duties of legal professionals in court; common legal terms; specific terms related to sentencing
    Understand case (10)Case7.4Factual understandingRecall of the crime; recall of the arrest; description of criminal charges
    Assist defense (15)Both46.9Consult counselCooperation with the lawyer; doing what others (e.g. police, inmates, or prosecutors) ask; response to persons (prosecutor or witness) telling lies about the defendant)
    • M length is the average number of words addressed to the defendant before he is asked to respond; some items include a statement followed by an inquiry. Case is the specific queries about the defendant's case; Hypoth is hypothetical queries unrelated to the defendant; and Both is a combination of case-specific and hypothetical queries.

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    Table 2

    Reliabilities and Error Rates of the Three Competency Measures

    EstimateDescriptionScalesCompetency Measure
    CAST-MRMcCAT-CAECST-R
    ReliabilityInter-rater reliability establishes the reproducibility of scores when evaluated by two or more experts at the same time; lower estimates equal larger errors.Competency0.90*0.830.93
    FeigningNANA0.996
    SEMStandard error of measurement (SEM) measures the likely variability in the accurate measurement of a single score; larger scores equal greater errors.CompetencyFeigning1.15†1.281.28
    FeigningNANA0.18
    95% CI95% Confidence interval establishes the range of scores possible for a single score that is likely to occur most of the time (i.e., 95 of 100 times); larger scores equal greater errors.CompetencyFeigning2.252.512.51
    FeigningNANA0.35
    • * Inter-rater reliabilities were reported only as percentages; this correlation represents test-retest reliability for nonforensic cases.

    • † Based on unweighted scale averages (M = 10.14, SD = 3.63) for four small subsamples of competency cases (n = 58).

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Journal of the American Academy of Psychiatry and the Law Online: 37 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 37, Issue 4
December 2009
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Evaluating Competency to Stand Trial with Evidence-Based Practice
Richard Rogers, Jill Johansson-Love
Journal of the American Academy of Psychiatry and the Law Online Dec 2009, 37 (4) 450-460;

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Evaluating Competency to Stand Trial with Evidence-Based Practice
Richard Rogers, Jill Johansson-Love
Journal of the American Academy of Psychiatry and the Law Online Dec 2009, 37 (4) 450-460;
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    • Abstract
    • Application of the Daubert Standard
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    • Competency to Stand Trial
    • Overview of Competency Measures
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