Competence is an important doctrine because:Defendant’s must be able to understand the charges against themPunishment of convicted defendants is morally acceptable only if they understand the reasons why they are being punishedPerceived fairness and integrity of our adversary system of justice requires participation by defendants who have the capacity to defend themselves against the charges of the stateComponents of CompetencyFunctionalWhat the person understands, knows and believesEmphasis on psychological abilitiesBeing able to understand and assist in their own defenseEmphasis on relevant psychological factorsDescribes a persons impairments rather than their psychiatric diagnosisCausalWhy does the explanation matterInteractiveIndividual abilitySituational demandsJudgmentalHow much congruency is enough to be considered incompetent?Cooper vs. Oklahoma (1996)DispositionalDecisions concerning competencies set a disposition in motionHow Competency is AssessedSemi-structured interviewRecords InterviewMacArthur Competence Assessment toolAdvantagesStandardizedNormative PopulationsTheoretically- BasedMacCAT-CAUnderstanding the current charges and elements of offenseReasoning: identifying the facts and making relative comparisonsAppreciationTypes of CompetencyStand TrialRefers to the defendant’s capacity to function meaningfully and knowingly in a legal proceeding.Plead guiltyWaive Miranda RightsRequired in order for defendants in police custody to make a confessionSelf-representationRefuse the insanity defenseIf the defendant understands the alternative plea and the consequences that come with it, they should be allowed to refuse the insanity defense.To be executed8th amendment has a ban against cruel and unusual punishments that prohibits the execution of defendants while they are incompetent.GuardianshipAdjudicative Competence (Godinez v. Moran, 1993)This case rejected the idea that competence to plead guilty involves a higher standard than competence to stand trialCompetency is typically achieved within 6 months of treatment throughHospitalizationMedicationPsychotherapyPsycho-educationIf competency can’t be restored:Jackson vs. Indiana (1972)Violation of Due ProcessLecture 11Outline of Last Lecture I. Severe Mental Illness II. Psychotic Disordersa. SymptomsIII. Schizophrenia & Psychosisa. Other causes of psychosisIV. Schizophreniaa. Symptomsi. Positiveii. NegativeV. PhasesVI. Criminal Competency a. Dusky Standard Outline of Current Lecture VII. Components of CompetencyVIII. How Competency is Assessed IX. Types of Competency Current Lecture Competence is an important doctrine because:- Defendant’s must be able to understand the charges against them- Punishment of convicted defendants is morally acceptable only if they understand the reasons why they are being punished- Perceived fairness and integrity of our adversary system of justice requires participation by defendants who have the capacity to defend themselves against the charges of the state  Components of Competency - Functionalo What the person understands, knows and believes - Emphasis on psychological abilities o Being able to understand and assist in their own defense - Emphasis on relevant psychological factors o Describes a persons impairments rather than their psychiatric diagnosis - Causalo Why does the explanation matter- Interactive PSYC 371 1st Editiono Individual abilityo Situational demands- Judgmental o How much congruency is enough to be considered incompetent? Cooper vs. Oklahoma (1996)- Dispositionalo Decisions concerning competencies set a disposition in motion How Competency is Assessed - Semi-structured interview- Records Interview- MacArthur Competence Assessment toolo Advantages  Standardized Normative Populations  Theoretically- Based MacCAT-CA- Understanding the current charges and elements of offense- Reasoning: identifying the facts and making relative comparisons - Appreciation Types of Competency- Stand Trialo Refers to the defendant’s capacity to function meaningfully and knowinglyin a legal proceeding.- Plead guilty - Waive Miranda Rightso Required in order for defendants in police custody to make a confession- Self-representation- Refuse the insanity defense o If the defendant understands the alternative plea and the consequences that come with it, they should be allowed to refuse the insanity defense.- To be executedo 8th amendment has a ban against cruel and unusual punishments that prohibits the execution of defendants while they are incompetent. - Guardianship- Adjudicative Competence (Godinez v. Moran, 1993) o This case rejected the idea that competence to plead guilty involves a higher standard than competence to stand trial Competency is typically achieved within 6 months of treatment through- Hospitalization- Medication- Psychotherapy- Psycho-education  If competency can’t be restored:- Jackson vs. Indiana (1972)o Violation of Due Process