RELATIONSHIP OF PSYCHOLOGICAL, DEMOGRAPHIC, AND LEGAL VARIABLES TO COURT-DECISIONS OF COMPETENCE TO STAND TRIAL AMONG MENTALLY-RETARDED CRIMINAL DEFENDANTS
Tp. Ho et Bb. Henderson, RELATIONSHIP OF PSYCHOLOGICAL, DEMOGRAPHIC, AND LEGAL VARIABLES TO COURT-DECISIONS OF COMPETENCE TO STAND TRIAL AMONG MENTALLY-RETARDED CRIMINAL DEFENDANTS, Journal of criminal justice, 26(4), 1998, pp. 307-320
Competency to stand trial is a constitutional requirement of the due p
rocess clause of the Fourteenth Amendment. In the criminal justice sys
tem, psychologists play a crucial role in the determination of a defen
dant's competency whenever the issue is raised during a criminal trial
. This study of 288 criminal defendants diagnosed as mentally retarded
explores the construct validity of competency to stand trial by exami
ning the potential contributing factors in psychologists 'diagnoses of
mental retardation and its relationship to the judges' decisions on c
ompetency to stand trial. The results showed that the most important p
redictor of judges' decisions on competency to stand trial was psychol
ogists' evaluations. Defendants' criminal history and prior experience
of incompetency adjudication were also correlated with judges' adjudi
cations on competency of current changes. A defendant was less likely
to be adjudicated as competent to stand trial if he or she previously
had been found incompetent to stand trial. Demographic variables such
as race had no relationship to judges' decisions. (C) 1998 Elsevier Sc
ience Ltd.