Overview: In the United States, a criminal defendant can be determined to be incompetent to stand trial, due to the presence of a mental disorder or deficit that impacts him or her in critical ways. The defendant must be able to comprehend the courtroom proceedings sufficiently well to engage in a defense. The defendant must be able to work with his attorney in an effective way that fosters trust, communication and agreement on important decisions. Also, the defendant should be able to maintain proper behavior in the court setting.
The research over the years shown how different states within the USA have handled the question of competency, and in particular how to address the question of what to do with a patient who cannot be restored. Results from some studies has shown correlations of female gender and a mood disorder diagnosis with restoration success. Failure to achieve restoration have been found to associate psychotic disorders and developmental disabilities.
The phenomenon of incompetent defendants presents a special challenge for mental health services. The mission becomes one of ensuring a patient has had a reduction in symptoms so that he may then return to the criminal justice process. This is distinct from a recovery model where patients are encouraged to reach their full potential. The ethical issue are important and the relationship between mental health providers and patients is peculiar in the case of those found incompetent to stand trial. Is the mental health provider a benefit to the patient/defendant, or does all of the therapeutic work involved benefit the state? The work of a mental health professional in a forensic setting must make clear what his or her role is the consumer.
The process of competency restoration can be applied in several different ways. This webinar will review methods used in a psychiatric facility in Indiana, based on basic educational methods and the use of positive reinforcement. The variety of patients who will be in need of competency restoration services become an important factor in individualizing treatment. Each patient presents a challenge and an opportunity to resolve these problems with innovation.
A standard classroom-type setting can be effective for many of the patients, however, a set of procedures can be put in place to assist when more than basic learning of concepts is required. One particular case involves a patient who had great difficulty functioning in the competency restoration classes, and a behavior plan was put in place so that he could not only master courtroom terms, but ultimately be determined as competent to stand trial.
The basic layout of the competency to stand trial restoration services ("legal education" classes) will be explored, along with what has been learned over the years by providers who have worked with such patients. The daily life of an inpatient hospital setting becomes relevant when examining how patients in need of competency restoration services are treated. Suggestions are made on the basic functioning of the hospital, and how seemingly small decisions can weigh heavily on the success or failure of restoration.
Why Should You Attend: Competency to stand trial has become a more relevant issue for those in need of mental health care. As a number of mentally ill individuals continue to require services, they are often caught up in the criminal justice system. As a result of their circumstances, the mentally ill are often determined to be incompetent to stand trial due to 1) lack of knowledge of legal procedures; 2) inability (due to symptoms of mental illness) to work with their legal representatives; and 3) and/ or delusions/hallucinations or other symptoms that make them unable to take part in the court process as a defendant.
As a mental health counselor I have spent many years in the process of restoring defendants to a state of competency to stand trial. The recognizing of courtroom terms, individual tasks in court, their role as defendants and the decisions that defendants will make become part of the process of competency restoration.
Methods of behavior analysis are applied in cases where the defendant has difficulty learning the material due to their own capabilities and circumstances. Competency to stand trial is about learning a set of skills and applying them in appropriate ways. Mental health counselors and behavior analysts are in a special position to assist our clients with this important process.
Areas Covered in the Session:
The meaning of competency to stand trial
The Dusky Decision
The deficits that incompetent defendants may possess
The moral and ethical dilemmas faced by providers for competency restoration services
Misconceptions about competency to stand trial that have been observed in clinical work
The Education Process:
The defendant's ability to understand the charges which includes:
The legal meaning of these charges
The seriousness and possible consequences of your legal situation
The roles and functions of the personnel in the courtroom
The ability to understand the differences between various pleas and verdicts
The defendant's ability to assist in his or her defense, including:
Describing behavior at the time of the crime
Being able to work with your defense attorney or public defender
Being able to display appropriate behavior in the courtroom
Hospitals rely on both medication and psychological interventions to treat mental illness. The psychological treatments most often include:
Education about court procedure
Social skills training
Group therapy
Individual therapy
It should be noted that there are no rules about how long an ICST will remain in the hospital. Mental health professionals are usually not able to predict the amount of time it takes to restore competency. The hospital environment can be important in restoration of skills and relief from the symptoms of mental health disorders.
The use of Behavior Support Plans (BSPs) as part of competency restoration:
How a behavior problem can impact competency restoration
An example of a token economy plan to assist with one patient in need of restoration services
The variety of problems patients may have who are in need of these services and how care can be provided for such a diverse array of patients
The research over the years shown how different states within the USA have handled the question of competency, and in particular how to address the question of what to do with a patient who cannot be restored. Results from some studies has shown correlations of female gender and a mood disorder diagnosis with restoration success. Failure to achieve restoration have been found to associate psychotic disorders and developmental disabilities.
The phenomenon of incompetent defendants presents a special challenge for mental health services. The mission becomes one of ensuring a patient has had a reduction in symptoms so that he may then return to the criminal justice process. This is distinct from a recovery model where patients are encouraged to reach their full potential. The ethical issue are important and the relationship between mental health providers and patients is peculiar in the case of those found incompetent to stand trial. Is the mental health provider a benefit to the patient/defendant, or does all of the therapeutic work involved benefit the state? The work of a mental health professional in a forensic setting must make clear what his or her role is the consumer.
The process of competency restoration can be applied in several different ways. This webinar will review methods used in a psychiatric facility in Indiana, based on basic educational methods and the use of positive reinforcement. The variety of patients who will be in need of competency restoration services become an important factor in individualizing treatment. Each patient presents a challenge and an opportunity to resolve these problems with innovation.
A standard classroom-type setting can be effective for many of the patients, however, a set of procedures can be put in place to assist when more than basic learning of concepts is required. One particular case involves a patient who had great difficulty functioning in the competency restoration classes, and a behavior plan was put in place so that he could not only master courtroom terms, but ultimately be determined as competent to stand trial.
The basic layout of the competency to stand trial restoration services ("legal education" classes) will be explored, along with what has been learned over the years by providers who have worked with such patients. The daily life of an inpatient hospital setting becomes relevant when examining how patients in need of competency restoration services are treated. Suggestions are made on the basic functioning of the hospital, and how seemingly small decisions can weigh heavily on the success or failure of restoration.
Why Should You Attend: Competency to stand trial has become a more relevant issue for those in need of mental health care. As a number of mentally ill individuals continue to require services, they are often caught up in the criminal justice system. As a result of their circumstances, the mentally ill are often determined to be incompetent to stand trial due to 1) lack of knowledge of legal procedures; 2) inability (due to symptoms of mental illness) to work with their legal representatives; and 3) and/ or delusions/hallucinations or other symptoms that make them unable to take part in the court process as a defendant.
As a mental health counselor I have spent many years in the process of restoring defendants to a state of competency to stand trial. The recognizing of courtroom terms, individual tasks in court, their role as defendants and the decisions that defendants will make become part of the process of competency restoration.
Methods of behavior analysis are applied in cases where the defendant has difficulty learning the material due to their own capabilities and circumstances. Competency to stand trial is about learning a set of skills and applying them in appropriate ways. Mental health counselors and behavior analysts are in a special position to assist our clients with this important process.
Areas Covered in the Session:
The meaning of competency to stand trial
The Dusky Decision
The deficits that incompetent defendants may possess
The moral and ethical dilemmas faced by providers for competency restoration services
Misconceptions about competency to stand trial that have been observed in clinical work
The Education Process:
The defendant's ability to understand the charges which includes:
The legal meaning of these charges
The seriousness and possible consequences of your legal situation
The roles and functions of the personnel in the courtroom
The ability to understand the differences between various pleas and verdicts
The defendant's ability to assist in his or her defense, including:
Describing behavior at the time of the crime
Being able to work with your defense attorney or public defender
Being able to display appropriate behavior in the courtroom
Hospitals rely on both medication and psychological interventions to treat mental illness. The psychological treatments most often include:
Education about court procedure
Social skills training
Group therapy
Individual therapy
It should be noted that there are no rules about how long an ICST will remain in the hospital. Mental health professionals are usually not able to predict the amount of time it takes to restore competency. The hospital environment can be important in restoration of skills and relief from the symptoms of mental health disorders.
The use of Behavior Support Plans (BSPs) as part of competency restoration:
How a behavior problem can impact competency restoration
An example of a token economy plan to assist with one patient in need of restoration services
The variety of problems patients may have who are in need of these services and how care can be provided for such a diverse array of patients
Speakers
Timothy J. Templin,
Who Should Attend
- BAs
- MA
- PHDs
- JDs
- Others who are Interested in Psychology, Sociology and other Fields will Benefit from the Information Presented
