COMPETENCY TO STAND TRIAL, COMPETENCY TO WAIVE CONSTITUTIONAL RIGHTS, COMPETENCY TO PLEAD GUILTY...
There are several acceptable approaches for performance of competency to stand trial evaluations including standardized methods such as Georgia Competency Test.
Competency to stand trial evaluations can be ordered by the defense, the prosecution, or the courts.
The party ordering evaluation should expect the evaluator to address the pertinent issues in accordance with: Dusky v. U.S., 362 U.S. 402, 80 S.Ct.788 (1960); Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896 (1975); Godinez v. Moran, 509 U.S. 389, 113 S.Ct. 2680 (1993); Sell v. U.S., 539 U.S. 166 (2003)., Indiana v. Edwards, 554 U.S.208 (2008); and the statutory requirements in a given jurisdiction.
Competencies to waive constitutional rights, i.e. competency to plead guilty or competency to waive the right to counsel are not offered as separate evaluations, but are addressed in the context of competency to stand trial report.
The reports will not contain any exculpatory or inculpatory statements by the defendant. The reports address the following areas in sufficient detail:
In cases when the defendant is assessed by the evaluator as incompetent to stand trial the issues of malingering (feigning the signs and symptoms of mental disorder) and potential for restoration to competency will be discussed.
The party making the referral is responsible for providing the necessary collateral information for the preparation of the report.
- Insanity Defense / Criminal Responsibility - Competency to Stand Trial - Diminished Capacity -
- Capital Sentencing / Mitigation - Sex Offenders - Violence Risk Assessments - Malingering -
- Suicide Risk Assessments - Medicolegal Issues in Correctional Psychiatry - Juvenile Transfer -
Testamentary Capacity / Undue Influence - Competency to Make a Will -
- Disability Evaluations / Independent Medical Evaluations - Discrimination -
- Workers' Compensation - Personal Injury / Psychiatric Harm -
- Psychiatric Malpractice / Standards of Care / Medical Record Review -
- Americans with Disabilities Act / ADA - Sexual Harassment - Workplace Violence Assessments -
- Testimonial Capacity / Competency to Testify as a Witness -
- other forensic, mental health and law related assessments -
COMPLETE RESUME AND REFERENCES AVAILABLE UPON REQUEST
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