An Examination of the Relationship Between Competency to Stand Trial,Competency to Waive Interrogation Rights,and Psychopathology |
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| Authors: | Viljoen Jodi L. Roesch Ronald Zapf Patricia A. |
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| Affiliation: | (1) Mental Health, Law, and Policy Institute, Department of Psychology, Simon Fraser University, Burnaby, British Columbia, Canada;(2) Mental Health, Law, and Policy Institute, Simon Fraser University, Burnaby, British Columbia, Canada;(3) Department of Psychology, John Jay College of Criminal Justice, City University of New York, New York, New York |
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| Abstract: | This study compared the legal abilities of defendants (N = 212) with current primary psychotic disorders (n = 44), affective disorders (n = 42), substance abuse disorders (n = 54), and no diagnosed major mental illness (n = 72). Defendants with primary psychotic disorders demonstrated more impairment than did other defendants in their understanding of interrogation rights, the nature and object of the proceedings, the possible consequences of proceedings, and their ability to communicate with counsel. Psychosis was of limited value as a predictor however, and high rates of legal impairment were found even in defendants with no diagnosed major mental illness. Sources of within-group variance were examined to further explain this finding. Policy and clinical implications of these results are discussed. |
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| Keywords: | competency to stand trial fitness to stand trial police interrogation miranda rights mentally disordered offenders |
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