Deck 8: Criminal and Civil Competence

Question 1

Research assessing standardized competency instruments ________________.

A) suggests these instruments tend to be unreliable
B) has found a high threshold for finding a defendant competent
C) clinicians can base their decision solely on the use of these instruments
D) has found that competent defendants perform more poorly on these instruments than incompetent defendants

Answer 1

suggests these instruments tend to be unreliable

Question 2

Which statement better characterizes competency evaluations conducted in inpatient settings compared to outpatient settings?

A) They are less costly
B) There are no differences between the two
C) They are less likely to use clinical interviews
D) They are less likely to use psychological testing

Answer 2

They are less likely to use psychological testing

Question 3

The most frequently occurring mental health question in criminal law is ________________.

A) insanity
B) competency
C) civil commitment
D) identification as a sexual predator

Answer 3

competency

Question 4

Which of the following are differences between psychologists and psychiatrists who conduct competency evaluations?

A) Psychiatrists conduct longer interviews.
B) Psychologists use less collateral information.
C) Psychiatrists are more likely to use psychological testing.
D) Psychologists are more likely to find defendants incompetent.

Question 5

Which assessment method do experts report using most frequently in competency evaluations?

A) Clinical interview
B) Psychological tests
C) Mental status exam
D) Competency specific forensic instruments

Question 6

Which instrument was developed based on Canadian law?

A) Competency Screening Test CST)
B) Fitness Interview Test- Revised FIT-R)
C) Georgia Court Competency Test GCCT)
D) Competency to Stand Trial Assessment Instrument CAI)

Question 7

Which of the following is not true of competency?

A) Incompetent defendants are less helpful to their attorneys.
B) Attorneys believe the majority of defendants are potentially incompetent.
C) Competency is the least frequently addressed question by forensic psychologists.
D) Courts tend to defer to mental health professionals to make competency decisions.

Question 8

Competency hearings _______________________.

A) take place before an expert has been assigned to the case
B) are very brief and occur in only a small minority of instances
C) are normally very lengthy processes that take place over months
D) occur even if all involved parties have stipulated to the findings in the report

Question 9

The prohibition against in abstentia developed into which of the following legal issues?

A) Insanity
B) Competency
C) Civil commitment
D) Identification as a sexual predator

Question 10

Sell v. United States found that ________________.

A) the government has a right to involuntarily medicate defendants
B) defendants can refuse medication despite the penal interests of the state
C) competency restoration does not limit the government's right to medicate
D) only in cases where defendants suffer from schizophrenia can they be involuntarily medicated

Question 11

In 15% of all felony cases, ____________________________________________.

A) pretrial competency evaluations take place
B) involve a defendant who is found incompetent
C) competency evaluations are obtained for defendants
D) attorneys have doubts about the competence of their client

Question 12

In Jackson v. Indiana 1972), the Supreme Court ruled _________________.

A) a trial may be delayed until a defendant is found competent
B) a defendant can only be held for a reasonable period of time
C) charges may be dismissed if a defendant is found incompetent
D) a defendant who is found incompetent is automatically civilly committed

Question 13

Incompetent defendants typically ________________.

A) are poorly educated
B) are married and gainfully employed
C) score well on competency measures
D) are largely free from mental illnesses

Question 14

_____________________ formally recognized the competency rights of defendants awaiting execution.

A) Godinez v. Moran
B) Jackson v. Indiana
C) Ford v. Wainwright
D) Sell v. United States

Question 15

The belief that the legal process should be fair and a defendant competent is based on _____________.

A) the 4^th Amendment
B)the 6 Amendment
C) Dusky v. United States
D) The Restatement of Torts

Question 16

____________________ focus on the strengths and weaknesses of a defendant as they apply to the legal context.

A) Causal explanation
B) Functional abilities
C) Interactive significance
D) Prescriptive remediation

Question 17

Competency restoration _________________________.

A) tends to be unsuccessful
B) involves lengthy hospitalization
C) only involves the use of psychotropic medication
D) research has suffered because of a small number of people who could not be restored to competency

Question 18

A defendant _________________________.

A) is presumed to be competent unless otherwise proven
B) has the burden of proving they are competent to stand trial
C) must raise the issue of competency if there is any question
D) is the only person that can raise the issue of competency to plea

Question 19

The focus of a competency evaluation is _____________________.

A) the defendant's present mental status
B) the defendant's past mental status
C) the ability of the defendant to stand trial
D) the defendant's potential for future violence

Question 20

The dominant standard in the United States for competency is based on _________________.

A) Wieter v. Settle
B) State v. Guatney
C) Dusky v. United States
D) Jenkins v. United States

Question 21

_______ of defendants referred for competency evaluations are found incompetent.

A) <5%
B) 10%
C) 20%
D) 45%

Question 22

The decision in __________________ encourages restoration treatment.

A) Jackson v. Indiana
B) Riggins v. Nevada
C) Ford v. Wainwright
D) Frendak v. United States

Question 23

The forensic assessment instrument for competency that assesses other, specific competencies outside of competency to stand trial is the _______________.

A) Competency Screening Test
B) Fitness Interview Test
C) Evaluation of Competency to Stand Trial-Revised
D) MacArthur Competence Assessment Tool-Criminal Adjudication

Question 24

According to Wulach, there are several reasons for ensuring competency, including all of the following except:

A) It increases the accuracy of the trial.
B) Using it for trial strategy purposes.
C) It ensures fairness and the defendant's due process.
D) Without it, the integrity of the process can be questioned.

Question 25

Based on the research presented in the textbook, which profession is the most likely to find a defendant incompetent?

A) Psychologists
B) Psychiatrists
C) Social Workers
D) Profession does not play a role in the likelihood.

Question 26

According to Grisso's 1988) definition, the ability for an individual to be oriented to the time and place during a court case is related to the _____________ objective.

A) functional
B) causal
C) interactive
D) prescriptive

Question 27

According to Grisso, what are the five elements that should be included in a competency evaluation?

Question 28

Describe the difference between criminal competencies and civil competencies.

Question 29

What are some of the characteristics of incompetent defendants?

Question 30

Which of the following civil competencies is likely to be based on the most informal legal standards?

A) Competence to Stand Trial
B) Competence for Treatment
C) Competence to Execute a Will
D) Competence Related to Guardianship

Question 31

According to Grisso 1988), the _______________ objective takes into account that different abilities may be required for different trials.

A) functional
B) causal
C) interactive
D) prescriptive

Question 32

Distinguish between malingering and feigning, then explain their relations to competency evaluations.

Question 33

Although the Supreme Court did not further define "a reasonable period of time" in which a defendant can be held, the term is often equated with ____________________.

A) < 6 months
B) only enough time for another evaluation to be completed
C) the discretion of the particular judge assigned to the case
D) the amount time that would be served if convicted of the original crime

Question 34

Competency differs from insanity in that, _____________________.

A) competency focuses on the defendant's future mental state
B) competency focuses on both the defendant's past and present mental state
C) competency focuses on the defendant’s present mental state, while insanity is retrospective
D) insanity focuses on the defendant's present mental state, while competency is retrospective

Question 35

Is the rate of agreement between mental health evaluators and judicial determinations of competency a concern? Why or why not?