What Forensic Psychology Is - Essay Example

? Forensic Psychology Forensic Psychology The legal system and the medical system cooperate, in a few instances, to ensure that there was an achievement of social justice. One such instance regards the concept of competency to stand trial. According to Zapf and Roesch (2000), “Competency to stand trial is a concept of jurisprudence allowing the postponement of criminal proceedings for those defendants who are considered unable to participate in their defense on account of mental or physical disorder” (p. 28). In this case, the courts will use clinical expertise in the country to carry out an investigation regarding the fitness of an individual to stand trial. This investigation is an evaluation of the mental ability of the defendant to face charges in a court. This concept was established in the US justice system from a principal in Dusky v. United States whereby the Supreme Court ruled, “a minimum level of rational understanding of the proceedings and ability to help one’s attorney was required” (as cited in Zapf & Roesch, 2000). For this reason, the evaluation carried out on an individual includes a comprehensive assessment of their state of mind. In fact, this is the basis of the concept of competence to stand trial. Furthermore, the clinician handling the evaluation has to assess the defendant’s understanding of the legal proceedings. In this regard, the clinician assesses the ability of the defendant to understand the type and objectives of the legal proceeding. Finally, the clinician carries out an evaluation of the ability of the defendant to assist their defense, which was the minimum requirement when carrying out the evaluation as provided in Dusky. In addition, the evaluation of competence to stand trial includes carrying psychological tests according to the clinical case presented to the examiner (Tiller, 2008). For a defendant such as Edward, it is important to evaluate whether their parents suffered from a similar condition as Edward’s, which might have passed on to Edward due to inheritance. In addition, it would be important to find out Edward’s relations with his friends, in case he had any friends, other than his relations with his family. Furthermore, it is crucial to find out Edward’s hobbies. All this factors are important in establishing Edward's personality, which is crucial in determining his competence to stand trial. To determine Edward’s competency to stand trial, the first person to interview would be the person who asked for the evaluation. In this regard, this is Edward’s lawyer. An interview with the lawyer will provide information such as the symptoms, deficiencies, and any behavior that resulted to the competency evaluation request or referral. Furthermore, this individual will provide information related to their quality and nature of interaction with their client, which will give an indication of the ability of the defendant to work with the lawyer. Conversely, the two witnesses who reported the incident to the police are also crucial during the evaluation process. These two will help provide information that will help evaluate Edward’s state of mind after he killed his parents. From the information the two witnesses provide, it will be possible to evaluate whether his actions were intended to cause harm depending on his state of mind. The first question to ask Edward will be about his awareness of the charges that he was facing in court. Secondly, it would be crucial to ask Edward if there were any other charges. Thereafter, I would ask him if he were aware of what would happen if the jury were to find him guilty of the charges brought against him in court. In line with this, it would be important to ask Edward what he thought was the judge’s, lawyer’s, and prosecutor’s role in court. Furthermore, asking him about his reaction to someone who lied about him would be important to carry out an effective evaluation. Finally, it is essential to ask him what he thought about his parents in order to evaluate his understanding of the charges he faced as well as his remorse. In line with this, it would be crucial to ask Edward what he would think if the lawyer were able to plead his innocence in court successfully. Other than interviewing Edward, there are assessment tools that can be used to evaluate Edward’s competence to stand trial. One such tool is the Evaluation of Competency to Stand Trial (ECST-R). According to PAR (2012), the manufacturing company, “The ECST-R is designed for specialized forensic evaluations related to competency to stand trial. It also can be used to evaluate important elements of competency to plead and competency for pro se.” This tool is important because it includes feigning and competency scales. In addition, Rogers and Johansson-Love (2009) indicated that the tool’s specific purpose was to evaluate the Dusky prongs. Nonetheless, it is crucial to point out that these tools, like the ECST-R, are effective only when used together with clinic interviews. From the information provided in this case, Edward meets the criteria for competence to stand trial. In this regard, it is evident that he has had a violent past that subsequently led to him killing his parents. In addition, Edward appears to have harbored ill motives and intentions towards his parents. It is evident that he did not like his mother, and his father. In addition, Edward’s violent past gives him a personality that was violent in nature, which makes him likely to commit other crimes in the future. Furthermore, Edward knew that he did something wrong when the two witnesses arrived at the crime scene since he asked them to call for an ambulance, which illustrates that he understood the magnitude of his actions. Once the evaluation process is complete, the judge has to deliver their ruling about Edward’s competency to stand trial based on the evaluation results. In this regard, the judge might make a ruling that Edward is competent to face trial or make a ruling that Edward was incompetent to stand trial. In case of a ruling that he should face trial, Edward’s trial proceeds to the hearing stage with the defense and the prosecutor arguing their case out in court. On the other hand, a ruling that Edward was incompetent to stand trial indicates that Edward will not be prosecuted for the charges since he cannot understand the proceeding and help his attorney to prepare in court. In effect, the judge may ask for the placement of Edward in a mental institution in order for him to seek treatment and ensure that he stood trial after healing (Pendleton, 1980). In this regard, this implies that Edward is not yet free of charges. The Social-Psychological theory is the most appropriate theory to explain Edward’s behavior. In this regard, it is evident that Edward suffers from a mental health condition, which is related to paranoid schizophrenia. By definition, Baron, Byrne, and Suls (1989), defined social psychology as “the scientific field that seeks to understand the nature and causes of individual behavior, feelings, and thoughts in social situations” (p. 6). In this case, it is evident that Edward thought that his father was in the KGB, which is a competitor to the CIA that Edward seems to be affectionate about since he sent a carving to a former CIA agent. In effect, he might have detested his father for thinking that he worked with KGB. On the other hand, his social interactions seem to have created a personality that hates witches. In effect, he killed his mother for he thought of her as a witch. In my assessment of Edward’s risk for future violence, I would advise the judge and the court of taking a cautionary approach in the manner that they handled this case. In this regard, I would tell the judge that Edward posed a big threat to those around him since he had a violent personality. While a teenager, it is evident that Edward was prone to acts of crimes, which were violent in nature. In this case, he committed these violent acts without considering the person he was hurting and his relationship with the person. Furthermore, he also tried to commit suicide at the age of seventeen years. In effect, this implies that he is at a point in life whereby he did not care about anyone in life, including himself since he once made an attempt on his life. Therefore, his thinking is not rational, and he is not afraid of the consequences to his actions. Other than that, Edward committed a heinous crime to his parents; people who gave him the life that he breathed. In effect, he has disregard for the feelings and the concerns of other people when considering the violent crimes against his parents and the attempt on his sister’s life. Reference Baron, R.A., Byrne, D., & Suls, J. (1989). Exploring social psychology, 3rd ed. Boston, MA: Allyn & Bacon. Pendleton, L. (1980). Treatment of persons found incompetent to stand trial [Abstract]. Am J Psychiatry 137(9):1098-1100. Retrieved from http://ajp.psychiatryonline.org/article.aspx?articleid=158460 Rodgers, R., & Johansson-Love, J. (2009). Evaluating Competency to Stand Trial with Evidence-Based Practice. J Am Acad Psychiatry Law 37(4), 450-460. Tilley, J. (2008). Forensic Services. Retrieved from http://www.bssonline.org/forensicservices.html Zapf, P. A., & Roesch, R. (2000). Mental Competency Evaluations: Guidelines for Judges and Attorneys. Court Review, 28-35. Retrieved from http://aja.ncsc.dni.us/courtrv/cr37/cr37-2/CR37-2ZapfRoesch.pdf Read More