Chapter 13 - Mental Health Experts Manual

Chapter 13: Competency to Stand Trial - Assessment Instrument

DEGREE OF INCAPACITY

	Total	Severe	Moderate	Mild	None	Unratable
1. Appraisal of available legal defenses	1	2	3	4	5	6
2. Unmanageable behavior	1	2	3	4	5	6
3. Quality of relating to attorney	1	2	3	4	5	6
4. Planning of legal strategy, including guilty plea to lesser charges where pertinent	1	2	3	4	5	6
5. Appraisal of role of:	1	2	3	4	5	6
a. Defense counsel	1	2	3	4	5	6
b. Prosecuting attorney	1	2	3	4	5	6
c. Judge	1	2	3	4	5	6
d. Jury	1	2	3	4	5	6
e. Defendant	1	2	3	4	5	6
f. Witnesses	1	2	3	4	5	6
6. Understanding of court procedure	1	2	3	4	5	6
7. Appreciation of charges	1	2	3	4	5	6
8. Appreciation of range and nature of possible penalties	1	2	3	4	5	6
9. Appraisal of likely outcome	1	2	3	4	5	6
10. Capacity to disclose to attorney available pertinent facts surrounding the offense including the defendant's movements, timing, mental state, actions at the time of the offense	1	2	3	4	5	6
11. Capacity to realistically challenge prosecution witnesses	1	2	3	4	5	6
12. Capacity to testify relevantly	1	2	3	4	5	6
13. Self-defeating v. self-serving motivation (legal sense)	1	2	3	4	5	6

INSTRUMENT MEAN = 3 * EXAMINEE MEAN _______

Examinee ___________________________________ Examiner ___________________________________________

Date: _____________________________________

* Do not count scores of "6"

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DEFENDANT: ___________________________ SSN: __________________ DATE: ______________

COMPETENCY TO STAND TRIAL

SAMPLE QUESTIONS*

*All questions will not be appropriate in all cases. Use only as examples.

1. APPRAISAL OF AVAILABLE LEGAL DEFENSES:

a. How do you think you can be defended against these charges?

b. How can you explain your way out of these charges?

c. What do you think your lawyer should concentrate on in order to best defend you?

2. UNMANAGEABLE BEHAVIOR:

a. Do you realize that you would have to control yourself in the courtroom and not interrupt the proceedings?

b. When is the only time you can speak out in the courtroom?

c. What to you think would happen if you spoke out or moved around in the courtroom without permission?

3. QUALITY OF RELATING TO ATTORNEY:

a. Do you have confidence in your lawyer?

b. Do you think he's trying to do a good job for you?

c. Do you agree with the way he's handled or plans to handle your case?

4. PLANNING OF LEGAL STRATEGY INCLUDING GUILTY PLEAS TO LESSER CHARGES WHERE PERTINENT:

a. If your lawyer can get the prosecutor to accept a guilty plea to ____________ (lesser crime) instead of trying you for ______________ (current charges), would you agree to it?

b. If your lawyer decides not to have you testify, would you go along with him?

c. Is there anything that you disagree with in the way your lawyer is going to handle your case, and if so, what do you plan to do about it?

5. APPRAISAL OF ROLE OF:

In the courtroom during a trial, what is the job of:

a. Defense Counsel

b. Prosecuting Attorney

c. Judge

d. Jury

e. Defendant

f. Witnesses

6. UNDERSTANDING OF COURT PROCEDURE:

a. Who is the only one at your trial who can call on you to testify?

b. After your lawyer finished asking you questions on the stand, who then can ask you questions?

c. If the prosecutor asks you questions, what is he trying to accomplish?

7. APPRECIATION OF CHARGES:

a. What are you charged with?

b. Is that a major or a minor charge?

c. Do you think people in general would regard you with some fear on the basis of such a charge?

8. APPRECIATION OF RANGE AND NATURE OF POSSIBLE PENALTIES:

a. If you're found guilty as charged, what are the possible sentences the Judge could give you?

b. Where would you have to serve such a sentence?

c. If you're put on probation, what does that mean?

9. APPRAISAL OF LIKELY OUTCOME:

a. What do you think your chances are to be found not guilty?

b. Does the court you're going to be tried in have authority over you?

c. How strong a case do they have against you?

10. CAPACITY TO DISCLOSE TO ATTORNEY AVAILABLE PERTINENT FACTS SURROUNDING THE OFFENSE INCLUDING THE DEFENDANT'S MOVEMENTS, TIMING, MENTAL STATE, AND ACTIONS AT THE TIME OF THE OFFENSE:

a. Tell us what actually happened, what you saw and did and heard and thought before, during, and after you are supposed to have committed this offense.

b. When and where did all this take place?

c. What led the police to arrest you and what did you say to them?

11. CAPACITY TO REALISTICALLY CHALLENGE PROSECUTION WITNESSES:

a. Suppose a witness against you told a lie in the courtroom, what would you do?

b. Is there anybody who is likely to tell lies about you in this case? Why?

12. CAPACITY TO TESTIFY RELEVANTLY:

Evaluate individual's ability to verbally communicate during examination, rather than specific content in answers to specific questions.

13. SELF-DEFEATING VS. SELF-SERVING MOTIVATION (LEGAL SENSE):

a. We know how badly you feel about what happened - suppose your lawyer is successful in getting you off - would you accept that?

b. Suppose the prosecutor made some legal errors and your lawyer wants to appeal a guilty finding in your case - would you accept that?

c. We know that you want to plead guilty to your charge - but what if your lawyer could get the prosecutor to agree to a plea of guilty to a lesser charge - would you accept that?

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