Fitness: What is the Role of Psychometric Assessment?

Chantler, Lisa; Heseltine, Karen

doi:10.1375/pplt.14.2.350

Cited by 3 publications

(3 citation statements)

References 31 publications

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“…A greater understanding of the cognitive and psychological factors underlying fitness to plead is required to assist clinicians in their application of any legal test. Standardisation of the clinical assessment appears central to improving accuracy[ 1 , 3 , 18 , 19 ].…”

Section: Introductionmentioning

confidence: 99%

“…There has been little research exploring the relevant cognitive abilities underpinning FTP in the general defendant population beyond an initial study into the relationship between psychiatric symptoms and the Pritchard Criteria[ 20 ]. It has been suggested that FTP assessments require a more scientific approach and that standardised assessment, including the use of instruments, should be used as adjuncts to improve accuracy in court findings of fitness to plead[ 18 , 20 ]. The use of standardised measures of fitness (or competency to stand trial) is commonplace in North America both in clinical practice and in research[ 21 – 23 ].…”

Section: Introductionmentioning

confidence: 99%

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Fitness to plead: Development and validation of a standardised assessment instrument

et al. 2018

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The ability of an individual to participate in courtroom proceedings is assessed by clinicians using legal ‘fitness to plead’ criteria. Findings of ‘unfitness’ are so rare that there is considerable professional unease concerning the utility of the current subjective assessment process. As a result, mentally disordered defendants may be subjected unfairly to criminal trials. The Law Commission in England and Wales has proposed legal reform, as well as the utilisation of a defined psychiatric instrument to assist in fitness to plead assessments. Similar legal reforms are occurring in other jurisdictions. Our objective was to produce and validate a standardised assessment instrument of fitness to plead employing a filmed vignette of criminal proceedings. The instrument was developed in consultation with legal and clinical professionals, and was refined using standard item reduction methods in two initial rounds of testing (n = 212). The factorial structure, test-retest reliability and convergent validity of the resultant instrument were assessed in a further round (n = 160). As a result of this iterative process a 25-item scale was produced, with an underlying two-factor structure representing the foundational and decision-making abilities underpinning fitness to plead. The sub-scales demonstrate good internal consistency (factor 1: 0·76; factor 2: 0·65) and test-retest stability (0·7) as well as excellent convergent validity with scores of intelligence, executive function and mentalising abilities (p≤0·01 in all domains). Overall the standardised Fitness to Plead Assessment instrument has good psychometric properties. It has the potential to ensure that the significant numbers of mentally ill and cognitively impaired individuals who face trial are objectively assessed, and the courtroom process critically informed.

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Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Fitness to plead: Development and validation of a standardised assessment instrument

et al. 2018

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“…Further, there is currently very limited research evaluating these tools in clinical populations such as traumatic brain injury or language disorders. The contention that standardized FST assessments and tools can be employed across different legal jurisdictions without significant compromise to reliability and validity (Chantler & Heseltine, 2007) remains untested. The present authors are unaware of any Australian studies that have examined the clinical, demographic, or cognitive constructs important for FST based on the Australian legal standard; and in fact there are very few Australian studies that have attempted to evaluate expert FST reports in any detail.…”

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confidence: 99%

The Role of Cognitive Assessment in Determining Fitness to Stand Trial

White

Batchelor

Pulman

et al. 2012

International Journal of Forensic Mental Health

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Cognition is often discussed as being of fundamental importance to an accused person's fitness to stand trial (FST); however, there is limited empirical research in this area and no known published research within Australia. The aim of the present paper was to investigate the current practices of experts conducting FST assessments in Australia and to examine the role of cognition in these determinations. Expert reports (328) for 135 accused deemed unfit to stand trial between 2005 and 2010 in New South Wales (NSW) were examined. Collected data included the cognitive domains assessed, assessment techniques employed, the relationship between cognition and the Presser criteria, and demographic information. Results supported the hypothesis that cognition plays an important role in FST, in particular attention and memory; although there was significant variability in the practices and assessment methods of assessors. Results indicate a need for further research investigating the relationship between cognition and FST; as well as training and education for psychologists conducting FST assessments in Australia.

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The Correlates of Unfitness to Stand Trial in Victoria, Australia

Blake

Ogloff

2021

International Journal of Forensic Mental Health

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Understanding the correlates of fitness to stand trial is essential to undertaking efficient, evidence-based assessments. We retrospectively analyzed 248 fitness assessment reports pertaining to 115 defendants in Victoria, Australia. Cognitive disorders (e.g., intellectual disability, brain injury) were the strongest predictor of unfitness whereas psychosis was unrelated. Psychiatrists authored the majority of reports (62.4%). Psychologists spent more time assessing the defendant, wrote longer reports, and reviewed more collateral materials. The reports expressly noted that malingering and feigning were considered in only 19% of reports. Fitness evaluations could be improved with standardized interviews, more consideration of statutory definitions of unfitness legal precedent, and embedding feigned unfitness measures into a general assessment procedure.

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Fitness: What is the Role of Psychometric Assessment?

Cited by 3 publications

References 31 publications

Fitness to plead: Development and validation of a standardised assessment instrument

Fitness to plead: Development and validation of a standardised assessment instrument

The Role of Cognitive Assessment in Determining Fitness to Stand Trial

The Correlates of Unfitness to Stand Trial in Victoria, Australia

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