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Types of competency tests
The competency screening test, CST, is often used as an initial screening tool. It is a twenty-two item sentence completion test with scores that range from two being a competent answer to zero being an incompetent answer. If the score is less than twenty it suggests that an individual could possibly be incompetent to stand trial (Nussbaum, Hancock, Turner, Arrowood, & Melodick, 2007).
The competency assessment instrument, or CAI, is another assessment that consists of thirteen functions relevant to competency typically conducted within a one hour interview (Nussbaum, Hancock, Turner, Arrowood, & Melodick, 2007)). The scoring scale for this assessment is one being total incapacity to five being total capacity.
Interdisciplinary fitness interview, or IFI, is another assessment that uses five items to determine specific abilities within legal areas. It evaluates eleven types of psychological indicators (Nussbaum, Hancock, Turner, Arrowood, & Melodick, 2007). The rating here is from zero to two to describe the level of mental capacity.
The Georgia court competency test, or GCCT, consists of twenty-one items representing three dimensions. One includes general courtroom knowledge like the duties of the lawyer and judge. Another is the courtroom layout and where everyone in the courtroom is located. Finally, the specific legal knowledge the defendant has interacting with the defense counsel (Nussbaum, Hancock, Turner, Arrowood, & Melodick, 2007).
Another popular test is the MacArthur competence Assessment Tool-Criminal Adjudication, or MacCAT-CA, which obtains information about four abilities. It uses hypothetical questions the defendant must respond to focusing on the individual’s perception, ability to recognize relevant information, capability to evaluate information to make a decision, and ability to make decisions (Nussbaum, Hancock, Turner, Arrowood, & Melodick, 2007).
The evaluation of competency to stand trial- revised, or ECST-R, is used to determine three different scales that assess separate proportions of competency using eighteen items. These proportions include factual and rational understanding of the courtroom proceedings. Additionally, the defendant’s ability to consult with counsel, similar to the MacCST-CA, is measured. The ECST-R includes five scales for Atypical Presentation: realistic, impairment, psychotic, non-psychotic, and the psychotic and non-psychotic combined using twenty-eight items (Nussbaum, Hancock, Turner, Arrowood, & Melodick, 2007). The ECST-R is also more thorough at determining if the defendant is attempting to fake incompetence.
Brief summary of reasons for competency testing in a courtroom
Competence is assessed in criminal cases to determine whether or not the defendant has the mental capacity and a reasonable understanding of the legal proceedings. The point of the assessment is to discontinue proceedings if the individual is unable to understand the nature and reason for the procedures. Though competence is often raised in pretrial hearings, it can apply to every stage of criminal justice proceedings. It is important to understand the difference between the concept of insanity plea and competency to stand trial. Competency simply refers to an individual’s ability to understand why they are going through the proceedings and are capable of making decisions regarding their situation. The insanity plea would refer to a person’s ability to know right from wrong at the time of the crime.
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