Psychology Expert Witness On Litigating Competence Part 1

by

In Litigating Competence-Five Central Questions, psychology expert witness Philip J. Kinsler, Ph.D., writes:

1. What general issues should a competency evaluation address?
1.1. In general an examination of competence should make reference to:
1.1.1. The test for competency;
1.1.2. The condition or conditions causing incompetence (if any);
1.1.3. Treatment alternatives to restore defendant to competence, if applicable;
1.1.4. Treatment availability in least restrictive alternatives, if applicable; and 1.1.5. The diagnosis of mental disease, defect or condition (if any)
bearing on the issue of whether the defendant had the mental state required for the offense charged.