Domains of competency to stand trial

Attempts to improve the clinical rigor of competency to stand trial evaluations have resulted in the development of several psycholegal measures. Among the most widely used of these measures are the Competency Screening Test (CST), the Fitness Interview Test (FIT), and the Georgia Court Competency Test—Mississippi State Hospital Revision (GCCT-MSH). To examine the theoretical domains of the competency construct as assessed by these measures, a series of exploratory factor analyses were performed combining previously reported data on the FIT and GCCT-MSH with a new outpatient sample of 353 court referrals. For the CST, data from a previous sample were compared to the original validation study. Of the three measures, only the GCCT-MSH showed evidence of stable, independent factors. A comparison of the GCCT-MSH to theDusky standard suggested a need to further develop empirical measures to better represent underlying constructs related to the defendant-attorney relationship and defendant's participation in his or her defense.     

Assessment of competency: a primer

Determination of testamentary capacity involves not only application of standard tests for decisional competency but also consideration of such special factors as the testator's "moral duty" to those entitled to her or his bounty (also referred to as "common obligations of life"), and the concept of emotional capacity. It is important for medical and legal practitioners who are involved in assessment of testamentary capacity to be aware of these special factors or requirements, their nature and their effect on the validity of the testator's will. The relevant tests and special factors are examined from an historical perspective.