Journal article
Jackson-Based Restorability to Competence to Stand Trial: Critical Analysis and Recommendations
Psychology, public policy, and law, v 27(3), pp 370-386
01 Aug 2021
Featured in Collection : UN Sustainable Development Goals @ Drexel
Abstract
It is a well-established principle of U.S. law that criminal proceedings may not be held against a defendant who is not competent to participate in them. Although the vast majority of defendants who are adjudicated incompetent to stand trial (IST) will subsequently regain sufficient capacities to be adjudicated competent to stand trial (CST), there is a subgroup of defendants who do not show sufficient improvement in clinical functioning and functional-legal capacities to regain CST. The present article focuses on individuals who are unrestorably IST. We critically analyze the available scientific evidence on defendants who arc unrestorably IST. The great majority of this research is focused on restoration to CST and thus has limited applicability to predicting unrestorability. Nonetheless, as a review of relevant U.S. state statutes demonstrates. evaluators are often asked to make such predictions when addressing CST. Statutes also reflect a wide range of allowable durations prior to a legal decision on the question of IST unrestorability. Three important implications for law, research, policy and practice can be drawn: (a) the empirical literature presently provides very minimal research guidance for the accurate prediction of IST unrestorability; (b) such research guidance could be substantially improved by modifications in the design and application of relevant studies; and (c) improved legal decision-making and greater recognition of defendants' liberty interests could result from observing and documenting the results of restoration interventions over a period of 12 to 18 months, as described in the Revised Criminal Justice Standards on Mental Health (American Bar Association. 2016), rather than using the longer periods set forth in 30 U.S. state statutes and the federal jurisdiction.
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Details
- Title
- Jackson-Based Restorability to Competence to Stand Trial: Critical Analysis and Recommendations
- Creators
- Kirk Heilbrun - Drexel Univ, Dept Psychol, 119 Stratton,3141 Chestnut St, Philadelphia, PA 19104 USAChristy Giallella - Dept Behav Hlth & Intellectual disAbil, Philadelphia, PA USAH. Jean Wright - Dept Behav Hlth & Intellectual disAbil, Philadelphia, PA USADavid DeMatteo - Drexel Univ, Thomas Kline Sch Law, Philadelphia, PA 19104 USAPatricia A. GriffinNeil Gowensmith - Univ Denver, Forens Inst Res Serv & Training, Denver, CO 80208 USABenjamin Locklair - Dept Behav Hlth & Intellectual disAbil, Philadelphia, PA USADavid Ayers - Dept Behav Hlth & Intellectual disAbil, Philadelphia, PA USAAlisha Desai - Drexel Univ, Dept Psychol, 119 Stratton,3141 Chestnut St, Philadelphia, PA 19104 USAVictoria Pietruszka - Drexel Univ, Thomas Kline Sch Law, Philadelphia, PA 19104 USA
- Publication Details
- Psychology, public policy, and law, v 27(3), pp 370-386
- Publisher
- Amer Psychological Assoc
- Number of pages
- 17
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Psychological and Brain Sciences (Psychology); Thomas R. Kline School of Law
- Web of Science ID
- WOS:000697124100007
- Scopus ID
- 2-s2.0-85108380638
- Other Identifier
- 991019168784104721
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- Collaboration types
- Domestic collaboration
- Web of Science research areas
- Health Policy & Services
- Law
- Psychology, Multidisciplinary