Fitness to Stand Trial in New Zealand: Different Factors Associated with Fitness to Stand Trial Between Mentally Disordered and Intellectually Disabled Defendants in the New Zealand Criminal Justice System

Sakdalan, Joseph Allan; Egan, Vincent

doi:10.1080/13218719.2014.910857

Cited by 14 publications

(9 citation statements)

References 10 publications

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“…Consistent with prior research (Sakdalan & Egan ), socio‐demographic determinants did not predict court outcome in the current study. It is encouraging that the static demographic factors such as Indigenous status did not predict determinations by the MHC over and above the clinical and legal factors assessed in the current study.…”

Section: Discussionsupporting

confidence: 87%

“…). Whereas the severity of cognitive impairment is likely critical in determining competence to stand trial (Sakdalan & Egan ), such capacity is not static, and ‘fitness’ will vary according to their environment, access to appropriate clinical and social support, and the complexity of the legal decision‐making required by the court case (Birgden & Thomson ). Where local legislation does not prescribe tests of fitness, most Australian jurisdictions rely on R.v.…”

Section: Introductionmentioning

confidence: 99%

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Severity of cognitive disability and mental health court determinations about fitness to stand trial

Young

Davis²,

Wardale³

et al. 2018

J intellect Disabil Res

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Section: Discussionsupporting

confidence: 87%

Section: Introductionmentioning

confidence: 99%

Severity of cognitive disability and mental health court determinations about fitness to stand trial

Young

Davis²,

Wardale³

et al. 2018

J intellect Disabil Res

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“…In terms of the predictive power of mental health symptoms and demographic variables, an intellectual disability diagnosis predicted both IST and non‐restoration. This finding is consistent with previous research (Advokat et al ., ; Colwell & Gianesini, ; Cooper & Zapf, ; Gay et al ., ; Hubbard et al ., ; Morris & DeYoung, ; Morris & Parker, ; Mossman, ; Pirelli et al ., ; Sakdalan & Egan, ). Although associated with IST and non‐restoration, the number of neuropsychological symptoms was not predictive of competency outcomes.…”

Section: Discussionmentioning

confidence: 99%

“…As such, disorders negatively influencing a person's cognitive abilities, such as psychotic disorders or intellectual disabilities, tend to interfere with their ability to proceed to trial. Congruent with this assumption, research suggests psychotic disorder and/or intellectual disability diagnoses are consistently related to both IST (Cooper & Zapf, 2003;Gay, Ragatz, & Vitacco, 2015;Hubbard, Zapf, & Ronan, 2003;Pirelli, Gottdiener, & Zapf, 2011;Sakdalan & Egan, 2014) and a decreased likelihood of competency restoration (Advokat et al, 2012;Colwell & Gianesini, 2011;Morris & DeYoung, 2012;Morris & Parker, 2008;Mossman, 2007). To that end, a meta-analysis by Pirelli et al (2011), which relied on 68 studies conducted between 1967 and 2008, discovered defendants diagnosed with a psychotic disorder were over eight times more likely opined incompetent to stand trial.…”

Section: Factors Associated With Competency Restorationmentioning

confidence: 99%

Mental health symptoms predict competency to stand trial and competency restoration success

Vitacco

Ragatz

2017

Legal Criminol Psychol

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Purpose Although several studies have examined demographic and clinical variables associated with findings of incompetency to stand trial (IST), few studies have examined factors influencing competency restoration success. This study is among the first to longitudinally examine demographic variables and mental health symptoms’ impact on both IST and competency non‐restoration. This study fills a gap in the competency to stand trial literature by utilizing the same defendants to examine progression through initial competency decisions to their eventual restoration outcomes. Methods This study examined demographic variables and mental health symptoms differentiating defendants deemed competent to stand trial, not competent and restored, and not competent and not restored. We coded and analysed 237 competency evaluations consecutively conducted over a 3‐year period. Results Specific psychotic (e.g., thought derailment, delusions, auditory/visual hallucinations) and neuropsychological symptoms (e.g., impaired executive functioning, impaired mental status) were independently associated with findings of IST and non‐restoration. Additional analyses revealed an intellectual disability diagnosis and a greater number of psychotic and manic symptoms predicted a decreased likelihood of competency restoration. Conclusions These findings suggest more severe symptom combinations (e.g., psychotic and manic symptoms) are predictors of both initial findings of incompetency and non‐restorability.

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“…In the United States, for instance, some analysts estimated that about 60,000 competency evaluations are requested annually (Bonnie, & Grisso, 2000), with an estimated $US300 million annual expenditure (Zapf et al, 2014). Notwithstanding the steady increase in referrals for competency evaluations (Sakdalan & Egan, 2014), it was estimated as long ago as 1999 that approximately 20% of referred defendants are found incompetent to stand trial (Roesch, Zapf, Golding, & Skeem, 1999). A more recent meta-analytic review reports an incompetency base rate of about 27.5% of those referred for assessment (Pirelli, Gottdiener, & Zapf, 2011).…”

Section: Introductionmentioning

confidence: 99%

Determination of Competency to Stand Trial (Fitness to Plead): An Exploratory Study in Hong Kong

Adjorlolo

Chan

2016

Psychiatry, Psychology and Law

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Competency to stand trial (CST) is related to the defendant's capacity to engage in a satisfactory level of participation in the court process. While the extant studies focus mainly on assessment-related issues such as assessment methods, guidelines for competency evaluations, and quality of competency evaluations, another area of considerable interest is the indicators of CST as well as legal decision-making relating to CST. This study canvasses some proposed indicators of CST from the literature and examines whether these psycholegal abilities are relevant to finding a defendant incompetent to stand trial. Secondly, the study investigates factors likely to influence legal decision-making in competency determination. Using a cross-sectional survey and a self-report methodology, 197 participants from a legal Juris Doctoral course responded to measures of CST, punitiveness, and legal authoritarianism, anti-authoritarianism and egalitarianism. The results show that the majority of the items canvassed from the literature are considered relevant in finding the defendant incompetent to stand trial. With respect to factors influencing competent decisionmaking, females are more likely to regard defendants as incompetent. Additionally, participants with strong punishment-oriented attitudes (i.e. legal authoritarianism and punitiveness) are significantly more likely to find the defendant competent to stand trial, as opposed to those high in non-punishment-oriented attitudes (i.e. anti-authoritarianism and egalitarianism). The study concludes that biased legal decision-making can occur regardless of the background of the decision-makers, in this case participants undergoing legal training. The findings are discussed and implications of the study are proposed.

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Fitness to Stand Trial in New Zealand: Different Factors Associated with Fitness to Stand Trial Between Mentally Disordered and Intellectually Disabled Defendants in the New Zealand Criminal Justice System

Cited by 14 publications

References 10 publications

Severity of cognitive disability and mental health court determinations about fitness to stand trial

Severity of cognitive disability and mental health court determinations about fitness to stand trial

Mental health symptoms predict competency to stand trial and competency restoration success

Determination of Competency to Stand Trial (Fitness to Plead): An Exploratory Study in Hong Kong

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