Competency to stand trial evaluations address whether or not a criminal defendant is able to perform two essential tasks:
- Understand the nature and objective of the legal proceedings against them
- Adequately assist counsel in their defense
Who can perform a competency to stand trial evaluation?
In the State of Ohio, licensed psychologists or psychiatrists are the only persons able to perform these assessments. In fact, they are typically conducted by community forensic psychiatry centers. Currently, there are only 10 in Ohio. The State of Ohio has published a forensic manual[1] to guide those assessments. It also indicates that the examiner’s report should address specific competency-related domains. The report should include the defendant’s ability to:
- Understand their legal situation as well as the charges against them
- Recognize the legal defenses available
- Understand the dispositions as well as the penalties possible
- Appraise the roles of the defense attorney, judge, jury, and witness(es)
- Relate collaboratively and communicate relevantly with the defense attorney
- Disclose pertinent facts about the alleged offense to their attorney
- Comprehend instructions as well as make decisions after receiving advice
- Follow testimony for contradictions as well as errors
- Testify relevantly
- Tolerate stress at trial
- Refrain from irrational or unmanageable courtroom behavior
The most important part of the competency to stand trial evaluation is the opinion. Basically, the forensic expert must clearly state whether or not the defendant is able perform the tasks listed above. They also have to be able to say whether the defendant is presently mentally ill or intellectually disabled. If the defendant is not competent AND suffering from a mental illness or intellectual disability, the forensic psychologist/psychiatrist must also offer an opinion regarding whether or not the defendant is likely to be restored to competency within the statutory timeframes.
A little about our forensic experts…
All of the forensic consultants at Jones-Wood Psychological Associates, Inc. have worked for Ohio certified forensic centers at some point in the careers. As a result, they are highly trained forensic experts. We perform hundreds of competency to stand trial evaluations annually, for both adults and juveniles. We also utilize current assessment techniques, along with any necessary psychological testing. Our experts are available to provide expert testimony when requested.
[1]Ohio Department of Mental Health 2012 Forensic Manual
Our Jones-Wood Psychological Associates, Inc. forensic consultants.
Each are highly qualified to perform competency to stand trial evaluations.
PhD, ABPP
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