Competent and incompetent criminal defendants
A quantitative review of comparative research
Bibliographic Data
| ID | 14447448 |
|---|---|
| Authors | Robert A Nicholson (0000-0002-2725-9739, University of Tulsa), Karen E Kugler |
| Year | 1991 |
| Volume | 109 |
| Issue | 3 |
| Pages | 355-370 |
| Publication date | 1991-05-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Psychological Bulletin (JOURNAL) |
| Journal identifiers | ISSN: 0033-2909 • E-ISSN: 1939-1455 |
| Publisher | American Psychological Association (APA) (PUBLISHER) |
| DOI | 10.1037/0033-2909.109.3.355 |
| PMID | 2062978 |
| OpenAlex | W1973500046 |
| Language | EN |
| Citations received | 12 |
| References cited | 6 |
Thirty studies comparing competent and incompetent criminal defendants (N = 8,170) were quantitatively reviewed to identify variables associated with judgments about defendants' competency to stand trial. Effect sizes reflecting the magnitude of the relationship between competency status and defendant characteristics were derived and averaged across studies. The characteristics most strongly related to incompetency were (a) poor performance on psychological tests or interviews specifically designed to assess defendants' legally relevant functional abilities, (b) a psychotic diagnosis, and (c) psychiatric symptoms reflective of severe psychopathology. To a lesser degree, traditional psychological tests, previous psychiatric hospitalization, previous legal involvement, marital resources, and demographic characteristics were also related to competency status. Although these results are generally consistent with the legal standard for competency to stand trial, some of the correlates of competency may reflect potential biases in the decision-making process. Limitations of existing research and directions for future inquiry are discussed
Marital status · Psychopathology · Clinical Psychology · Criminal Justice and Corrections Analysis · Medicine · Psychology · Psychopathy, Forensic Psychiatry, Sexual Offending · Schizophrenia research and treatment · Social Psychology
Making Fitness to Plead Fit for Purpose
Assessment of Competence to Stand Trial
Psychological testing and psychological assessment
Specificity and item endorsement rates of personality assessment inventory over-reporting scales across ethnic, gender, and diagnostic groups in a forensic inpatient sample
The role of cognitive functioning in predicting restoration among criminal defendants committed for inpatient restoration of competence to stand trial
Judges' and Psychologists' Assessments of Legal and Clinical Factors in Competence for Execution
Criminal Court-Ordered Psychiatric Evaluations
Examination of Racial Disparity in Competency to Stand Trial Between White and African American Retarded Defendants
The role of race in court-ordered pretrial psychiatric evaluations
Relationship of psychological, demographic, and legal variables to court decisions of competency to stand trial among mentally retarded criminal defendants
Criminal” or “Insane”? Ethnicity and Psychiatric Evaluations of Defendants’ Competency and Responsibility
Psychological Perspectives on Hate Crime Laws
The meaning of personality test scores
Psychiatric Diagnosis and Criminality
Legal and Judicial Interpretation of Competency to Stand Trial Statutes and Procedures
Behavioral sciences and the law
Correlates of commitment status in psychiatric patients
Clinical judgment, clinical training, and professional experience
| Citations per year | 0.43 |
|---|---|
| Citation span | 1998 - 2026 (29) |
| Highly cited | No |