Criminal Competency on Trial examines the legal standards by which one can stand trial, and the psychological instruments by which one's mental health status is assessed. Acknowledging that determinations of trial fitness represent the most significant mental health inquiry pursued in the system of criminal law today, this book carefully explains and thoroughly reviews the legal and psychological limits of competency to stand trial (CST). To highlight these limits, authors Bardwell and Arrigo systematically investigate the controversial and high profile case of Colin Ferguson. Mr. Ferguson was identified as the New York City railway killer who, following a competency finding, elected to represent himself and was found guilty of all criminal charges. The text proposes a series of clear, practical, and concise justice policy reforms, designed to improve how the CST doctrine is understood and employed by lawyers, judges, psychologists, and other forensic mental health professionals. The book concludes by demonstrating where and how these policy recommendations would substantially change the application of the CST doctrine, especially in the case of Colin Ferguson and with other high stakes defendants, including that of Theodore Kaczynski (a.k.a. the una-bomber).

Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful glossary of key terms for the particular topic In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.

Competency to stand trial has become a major concern for the criminal justice system. As more and more people with mental illness are being arrested, jails are becoming the largest providers of mental health care in the United States. Many of these detainees are found incompetent to stand trial and cannot proceed with their court cases until restored to competency. In order to facilitate the movement of these cases through the forensic system, effective restoration programs need to be developed. By doing so, many challenging problems can be alleviated, such as overcrowding in jails, long waiting lists at forensic hospitals, and the overall cost to the public. This manual was written to provide guidelines for restoring competency to defendants in a structured and efficient manner. Practical information is presented to assist forensic providers from their patient's initial finding of incompetency to the final disposition of the case. In addition, instructional materials and other resources are provided, which include definitions of court terminology, educational activities, competency tests, court report templates, and a certificate of completion. Forensic providers are encouraged to customize the contents of this manual to comply with specific State statutes.

The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.

Forensic mental health assessment (FMHA) has grown into a specialization informed by research and professional guidelines. This series presents up-to-date information on the most important and frequently conducted forms of FMHA. The 19 topical volumes address best approaches to practice for particular types of evaluation in the criminal, civil, and juvenile/family areas. Each volume contains a thorough discussion of the relevant legal and psychological concepts, followed by a step-by-step description of the assessment process from preparing for the evaluation to writing the report and testifying in court. Volumes include the following helpful features: - Boxes that zero in on important information for use in evaluations - Tips for best practice and cautions against common pitfalls - Highlighting of relevant case law and statutes - Separate list of assessment tools for easy reference - Helpful gloassary of key terms for the particular topic In making recommendations for best practice, authors consider empirical support, legal relevance, and consistency with ethical and professional standards. These volumes offer invaluable guidance for anyone involved in conducting or using forensic evaluations.