COMPETENCE TO STAND TRIAL EVALUATIONS - A STUDY OF ACTUAL PRACTICE IN2 STATES

A criminal defendant must be competent to stand trial (CST) to safegua rd the fundamental right to a fair trial. If there is a question as to a defendant's ability to assist in his or her own defense, a mental h ealth professional is asked to perform a CST evaluation. Forensic asse ssment is a growing field, and CST is the most frequent evaluation req uested. Over the years, forensic examiners' reports to the courts have been criticized for lack of relevance, insufficiency, and invading th e province of the judge. If mental health professionals wish to advanc e the field of forensic assessment and respond to these criticisms, re search on current practice with suggestions for advancement are necess ary. A total of 66 CST reports conducted within the last five years in two states were compared to a proposed model for CST assessment. Resu lts indicated that although forensic examiners are maintaining legal r elevance, some CST reports may lack thoroughness and/or provide inform ation that exceeds their role responsibilities. The findings support t he need for the development of a standardized method of conducting and writing CST evaluations that should improve the quality of such repor ts.