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Research ArticleRegular Articles

Estimating Annual Numbers of Competency to Stand Trial Evaluations across the United States

Nathaniel P. Morris, Dale E. McNiel and Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online December 2021, 49 (4) 530-539; DOI: https://doi.org/10.29158/JAAPL.200129-20
Nathaniel P. Morris
Dr. Morris is a Forensic Psychiatry Fellow, Dr. McNiel is a Professor of Clinical Psychology, and Dr. Binder is Professor and Director, Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Dale E. McNiel
Dr. Morris is a Forensic Psychiatry Fellow, Dr. McNiel is a Professor of Clinical Psychology, and Dr. Binder is Professor and Director, Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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Renée L. Binder
Dr. Morris is a Forensic Psychiatry Fellow, Dr. McNiel is a Professor of Clinical Psychology, and Dr. Binder is Professor and Director, Psychiatry and the Law Program, University of California San Francisco, San Francisco, CA.
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    Table 1

    Estimates of Annual Numbers of Competency to Stand Trial Evaluations in the United States

    EstimateKey Year(s) of Data UsedaPublication YearMethodology
    36,0001971–19721979Multiplying the estimated number of defendants diverted for incompetence to stand trial each year by the estimated number of CST evaluations for each adjudication of incompetency. (Methods inferred from information in the book.)19
    19,260–25,68019781982Multiplying the estimated number of individuals admitted to U.S. facilities for incompetence to stand trial by the estimated number of CST evaluations for each adjudication of incompetency.20
    24,000–39,0001991–19921997A survey of directors of forensic evaluation systems asked for “low-end” and “high-end” estimates for annual numbers of CST evaluations; these numbers represent the sum of these estimates.21
    49,6111989–1990, 19921998Multiplying a conservative estimated percentage of felony defendants referred for CST evaluations by the number of crimes listed in the U.S. Total Crime Index.22
    60,0001989–1992, 19942000Multiplying a conservative estimated percentage of felony defendants referred for CST evaluations by an estimated number of felony indictments each year.23
    90,20020152017Multiplying the estimated number of pretrial detainees in jails by the estimated percentage of jail inmates with a serious mental health disorder.24
    25,634–51,50020142019A survey of officials working for public mental health systems asked for a range (e.g., 1–50, 51–200) of how many CST evaluations were performed annually in each state; these numbers represent the sum of the lower and upper end of these estimates.25
    94,00020192020Authors used their “own calculations, based partially on national rates of incarceration at the pre-conviction level … and rate of severe mental illness in that population” (Ref. 26, p 65).
    • ↵a This column may not include all relevant years of data used, as authors occasionally used additional secondary sources or data from nonspecific time periods in their calculations.

    • CST = competency to stand trial

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Journal of the American Academy of Psychiatry and the Law Online: 49 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 49, Issue 4
1 Dec 2021
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Estimating Annual Numbers of Competency to Stand Trial Evaluations across the United States
Nathaniel P. Morris, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Dec 2021, 49 (4) 530-539; DOI: 10.29158/JAAPL.200129-20

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Estimating Annual Numbers of Competency to Stand Trial Evaluations across the United States
Nathaniel P. Morris, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Dec 2021, 49 (4) 530-539; DOI: 10.29158/JAAPL.200129-20
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