The Role of Cognitive Assessment in Determining Fitness to Stand Trial

Abstract

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.

Accountable or not accountable: A profile comparison of alleged offenders referred to the Free State Psychiatric Complex Forensic Observation Ward in Bloemfontein from 2009 to 2012

“… 7 This enquiry is commonly interpreted as ‘fitness to stand trial’ or ‘competency to stand trial’ and is usually conducted by psychiatrists and clinical psychologists. 7 , 8 , 9 If an accused is found not mentally ill, the court proceedings take their normal course. However, if the accused is evaluated as mentally ill, or if there is doubt concerning the accused’s mental state at the time of the offence (accountability or criminal responsibility), the court will order that the accused be observed in a designated psychiatric facility for a period not exceeding 30 days.…”

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

“…) and level of cognitive impairment predicted psychiatric recommendations of unfitness to the court in South Australia (White et al . ). Accordingly, our findings are highly suggestive that the clinical level of cognitive impairment is a key determinant in applying the moral, social and legal criteria required by the Presser criteria (van der Wijngaart et al .…”

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

“…Intelligence and memory have consistently been found to impact on fitness to plead[ 19 , 37 ]. As expected, performance on the FTPA (both total scores and individual factor scores) correlates highly with measures of cognitive functioning (WAIS-IV and WMS), but not so highly that IQ and memory measures alone or together could be used as proxy measures of an individual’s ability to participate effectively in court proceedings.…”

“…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 ].…”