An Evaluation of Malingering Screens with Competency to Stand Trial Patients: A Known-Groups Comparison

The assessment of malingering is a fundamental component of forensic evaluations that should be considered with each referral. In systematizing the evaluation of malingering, one option is the standardized administration of screens as an initial step. The current study assessed the effectiveness of three common screening measures: the Miller Forensic Assessment of Symptoms Test (M-FAST; Miller, 2001), the Structured Inventory of Malingered Symptomatology (SIMS; Widows & Smith, 2004), and the Evaluation of Competency to Stand Trial-Revised Atypical Presentation Scale (ECST-R ATP; Rogers, Tillbrook, & Sewell, 2004). Using the Structured Interview of Reported Symptoms (SIRS) as the external criterion, 100 patients involved in competency to stand trial evaluations were categorized as either probable malingerers (n=21) or nonmalingerers (n=79). Each malingering scale produced robust effect sizes in this known-groups comparison. Results are discussed in relation to the comprehensive assessment of malingering within a forensic context.     

Competency Restoration: An Examination of the Differences Between Defendants Predicted Restorable and Not Restorable to Competency

According to the U.S. Supreme Court's decision in Jackson v. Indiana (1972), examiners must determine if a defendant has substantial probability of regaining competency through treatment in the foreseeable future. Previous research has indicated that, given the low base rate of defendants unable to be restored to competency, examiners are relatively poor at predicting which defendants will regain competency. Determining the characteristics of not restorable incompetent defendants and restorable incompetent defendants is a necessary first step toward improving examiners' ability to predict a defendant's likelihood of regaining competency. This study examined the competency evaluation reports of 468 defendants evaluated for competency to stand trial. Incompetent defendants significantly differed from competent defendants with regard to age, employment status, ethnicity, criminal charges, and psychiatric diagnosis. Few significant differences existed between defendants predicted restorable and those predicted not restorable by mental health examiners—the differences that did exist were related mainly to nonpsychiatric variables.     

Predictor Variables in Competency to Stand Trial Decisions

Clinicians possess significant discretion in competency to stand trial assessment. Therefore, it is paramount to explore the contribution of individual variables to ensure that the decision-making process is devoid of bias and solely relates to the legal criterion. To test for the possibility of bias in clinical decision-making, we examined the predictive efficiency of clinical, criminological, and sociodemographic variables in a sample of 468 criminal defendants referred for competency evaluations. Only clinical diagnostic variables and employment status were significant predictors. This finding supports the idea that examiner decisions of competency appear to be unbiased and relate primarily to a defendant's functional ability.     

论受审能力的恢复

受审能力评定越来越引起重视的情况下,对于无受审能力者,受审能力的恢复也是一项值得大家关注的问题,受审能力恢复的培训程序包括相关精神障碍治疗、法律知识培训、综合住院治疗;而个别程序的专门培训可能是受审能力最大程度恢复的必要措施。受审能力恢复评定的标准更多的参照于经典的Bennett标准。虽然有关受审能力恢复的研究还存在一些挑战,但为我国相关受审能力恢复的研究指明了道路,提供了很好的参考依据和措施。     

An Investigation of the Construct of Competence: A Comparison of the FIT,the MacCAT-CA,and the MacCAT-T

The 1990s witnessed Supreme Court decisions in both Canada and the United States on issues of competence that went against longstanding case law, psychological research, and common sense. These decisions held that there is to be one standard for all types of criminal competencies. The present research attempts to investigate whether this is an appropriate assumption and thus tests whether there are one or more constructs that underlie different types of competence. Two divergent types of competence were examined, competence to stand trial (both Canadian and American conceptualizations) and competence to consent to treatment, to determine if these different types of competence share a common underlying construct. Confirmatory factor analysis was used to test this question and results indicate that there is a common construct that underlies different types of competence.     

An Examination of the Relationship Between Competency to Stand Trial,Competency to Waive Interrogation Rights,and Psychopathology

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.     

Forensic Applications of the Miller Forensic Assessment of Symptoms Test (MFAST): Screening for Feigned Disorders in Competency to Stand Trial Evaluations

Forensic evaluations must systematically assess malingering and related response styles. In the criminal forensic domain, competency to stand trial evaluations are the most common referrals. Effective screens for feigned incompetency would be valuable assets for forensic evaluations. This study evaluates the effectiveness of the Miller Forensic Assessment of Symptoms Test (MFAST) as a screen for feigned incompetency. Using a simulation design, the MFAST was tested on jail and competency-restoration samples. Most notably, recommended MFAST cut score (6) was useful for the identification of feigning cases in competency evaluations. Recommendations for forensic practice, including the advantages and disadvantages of systematic screens, are discussed.     

The Effect of Competency Restoration Training on Defendants with Mental Retardation Found Not Competent to Proceed

The present investigation focused on the reevaluations of competency to stand trial (CST) of 75 criminal defendants with mental retardation (MR) who were originally found incompetent and who were referred for treatment. The effect of competency restoration training was examined. Site of training was also investigated. Because habilitation facilities are specially designed to help individuals with MR, it was suspected that training at habilitation centers would have a greater effect on restoration of defendants with MR than the training at state hospitals. Results showed that significantly more defendants did not gain competency following training than those who did. Analysis revealed that (a) higher IQ and (b) being African American rather than Caucasian American were predictive of restoration. When discriminating factors were held constant, site of training did not significantly affect competency restoration. Possible explanations for this finding were discussed.     

The Use of the MacCAT-CA with Adolescents: An Item Response Theory Investigation of Age-Related Measurement Bias

Despite the application of the MacCAT-CA to juveniles, questions been raised regarding the appropriateness of this tool for adolescents. The current study tested for age-related measurement bias using data from the MacArthur Juvenile Adjudicative Competence Study (n = 1393). Five of the MacCAT-CA items showed age-related measurement bias (i.e., DIF) for adolescents aged 11–15, and three items showed DIF for adolescents aged 16–17. Several items (e.g., understanding of juries) were more difficult for adolescents than adults matched at the same latent level of capacity, suggesting that these items might underestimate adolescents’ legal capacities. Contrary to expectations, there was little evidence of age-related measurement bias on the Appreciation scale. The use of the MacCAT-CA in research and clinical settings is discussed.

Teaching Adolescents and Adults about Adjudicative Proceedings: A Comparison of Pre- and Post-Teaching Scores on the MacCAT-CA

The current study investigated whether teaching was associated with improved legal understanding among adolescents and adults. Participants included 927 youth and 466 young adults, who completed the MacArthur Competence Assessment Tool-Criminal Adjudication, the Massachusetts Youth Screening Instrument-Second Version, and the Wechsler Abbreviated Scale of Intelligence. Adolescents aged 13 and younger were less likely than older individuals to improve with teaching. IQ score was positively associated with improvements following teaching, and individuals from ethnic minority groups showed greater improvements following teaching than non-Hispanic Caucasians. The implications of these findings are discussed.     

精神障碍者受审能力评定量表的编制

目的研制符合中国法律体系的精神障碍者受审能力评定量表。方法从法学要件着手,提取出15个条目,编制出初步的精神障碍者受审能力评定量表,从决断值、条目与总分相关、校正条目与总分相关、条目删除后的α值、条目共同性、因素负荷量6个方面对量表进行条目分析,并以Logistic回归方程与ROC曲线划定界值两种方式进行诊断效能的判断。结果各条目极端组的决断值18.390~46.763,各条目与总分相关系数0.639~0.952,校正条目与总分相关系数0.582~0.944,条目共同性0.377~0.916,因素负荷量0.614~0.957。共7个条目进入回归方程,总样本的回判正确率为96.0%。ROC拟合曲线分析出宜以33分作为量表划界分,与专家鉴定意见的重叠率为95.8%,敏感性为0.938,特异性为0.966,阳性似然比为27.67,阴性似然比为0.06。结论量表编制合理,各条目符合同质性检验要求,诊断性评价指标较好。     

Research design influence on study outcomes in crime and justice: a partial replication with public area surveillance

Does the quality of research design have an influence on study outcomes in crime and justice? This was the subject of an important study by Weisburd et al. (2001). They found a moderate and significant inverse relationship between research design and study outcomes: weaker designs, as indicated by internal validity, produced stronger effect sizes. Using a database of evaluations (n?=?136) from systematic reviews that investigated the effects of public area surveillance on crime, this paper carried out a partial replication of Weisburd et al.??s study. We view it as a partial replication because it included only area- or place-based studies (i.e., there were no individual-level studies) and these studies used designs at the lower end of the evaluation hierarchy (i.e., not one of the studies used a randomized experimental design). In the present study, we report findings that are highly concordant with the earlier study. The overall correlation between research design and study outcomes is moderate but negative and significant (Tau-b?= ?C.175, p?=?.029). This suggests that stronger research designs are less likely to report desirable effects or, conversely, weaker research designs may be biased upward. We explore possible explanations for this finding. Implications for policy and research are discussed.     

受审能力探析

受审能力是被告人接受法庭审判的能力。我国对受审能力的研究还处于起步阶段,立法上还有许多空白之处。本文从评定标准、提起、确认与法律后果等方面对受审能力进行了探讨。     

Implications of Pseudologia Fantastica in Criminal Forensic Evaluations: A Review and Case Report

Pseudologia fantastica, a psychological phenomenon that has been described in the literature for at least a century, is an understudied and poorly understood entity. Sometimes referred to as pathological lying, pseudologia fantastica involves disproportionate fabrication that may be present for many years or a lifetime. In a forensic context, it can significantly complicate the evaluation of capacity to stand trial and, in certain jurisdictions, criminal responsibility. We review the current literature regarding pseudologia fantastica and present a case to highlight the clinical and forensic challenges it may create. We specifically discuss the complications that pseudologia fantastica may have on the assessment of a defendant's rational ability to consult with an attorney, a required element of capacity to stand trial. In addition, we discuss the implications of pseudologia fantastica in the evaluation of criminal responsibility.     

Developmental incompetence to stand trial in juvenile courts

Juveniles' competency to participate in delinquency proceedings has received increased attention in recent years. Developmental incompetence, whereby juveniles' incompetency is based upon their immaturity, as opposed to a mental disorder or developmental disability, is an evolving and important aspect of this area of law. The following paper reviews theories used to support the notion of developmental incompetence, as well as the extant empirical research on juveniles' competency-related abilities. Using a LexisNexis search, statutory and case laws pertaining to juvenile competency were identified across the 50 states and the District of Columbia. Only six states clearly allow developmental incompetence, whereas 17 have laws that do not include developmental immaturity as an acceptable basis of incompetence in juvenile courts. Developmental incompetence is likely to affect a relatively small proportion of juvenile cases, but has important implications for juvenile forensic practice. Recommendations are offered for forensic practitioners conducting this type of evaluation.     

试论精神病人的受审能力

本文讨论了受审能力的概念,针对精神病人的特点阐述了受审能力的评定标准,将中外有关此方面的立法和实践进行了对比,指出现阶段我国立法方法的不足之处,提出了根据国情对受审能力实行三分法的设想,并建议指定辩护制度应惠及精神病人以维护他们的诉讼权利。     

精神分裂症与司法精神病鉴定

精神分裂症在司法精神病鉴定中占首位,精神分裂症患者的作案动机、作案方式及作案后果均具有特殊性,因此精神分裂症在司法精神病鉴定中占有很重要的地位。笔者结合国内外有关文献,对精神分裂症患者所致司法案件的作案特征以及患者的责任能力、受审能力、服刑能力的研究进行综述。     

Criminal Court-Ordered Psychiatric Evaluations:Does Gender Play a Role?

This study examines potential gender differences among defendants referred by criminal courts for psychiatric evaluations by analyzing demographic, clinical, and criminal history variables and evaluation findings. This study offers a large sample size of 718 females, as well as 3,627 males. Bivariate logistic regression and heterogeneity analyses were utilized to assess potential differences. Females were older; diagnosed more with mood, anxiety, and borderline personality disorders; less likely to have prior felony convictions; and more likely to be in the community than jail at the time of the evaluation. In addition, when controlling for other factors, females were more likely to be evaluated as having a mental disease or defect, to need hospitalization pending trial, and to be incompetent to stand trial.     

Reputational inmate leaders: Some comparative contact patterns

A small number of studies have presented data on the sociolegal correlates of inmate leadership. These studies have based their results on traditional designs of data collection, including official records and interview questionnaires. The literature has not captured reciprocal contact patterns between inmate leaders and followers, nor has research addressed the question of how leaders differ from nonleader inmates on behavioral dynamics. This article presents the results of a videotaping procedure which captures leader contact patterns in task-related decision making. The general findings support the behavioral leadership studies performed on noninmate populations and suggest that leadership is a transcendental quality which cannot be explained by the functional model of inmate subculture.     

Medical criminalistics

Medical criminalistics is an essential part of legal/forensic medicine. It includes the clinical examination of surviving victims and suspects, the inspection of the scene in suspicious deaths with subsequent performance of medico-legal autopsies, the assessment of (biological) traces and the reconstruction of criminal events under medical aspects. Just as the circumstances of life and the manifestations of crime are changing with time, there is a permanent alteration regarding the issues of medical criminalistics. Legal/forensic medicine is a university subject in most countries and therefore, research work is one of the main tasks also in medical criminalistics. In contrast to clinical medicine and basic research, some common study designs are not suitable for the special needs of medical criminalistics, whereas other types are more appropriate like epidemiological evaluations, cross-sectional studies and (retrospective) observation studies. Moreover, experimental model tests and case reports also rate high in medical criminalistics.