The effectiveness and reliability of the fitness tests in Canada - Research Paper Example

The effectiveness and reliability of the fitness tests in Canada Introduction Within the legal proceedings in Canada, individuals accused of crimes are supposed to undergo a competence test to understand and participate in trial effectively. Various studies have been carried out to evaluate the effectiveness of such trials with varying results. In most cases three methods are used to assess the relationship between psychopathology and competence determinations. Normally, absence of psychotic disorder would mean one is ready to stand trial. Its normally presumed that psychopathology greatly impairs ability to stand trial and ability to handle legal issues. There is still little research done on legal and clinical assumptions on the relationship between mental illness and legal competencies. Various instruments are used to evaluate the competence to stand trial most common being use a structured questionnaire where the remanded individuals are subjected to questions that gauge psychotic disorders. The questions contained therein gauge various psychological issues. The objectivity and reliability of these pre trials are affected by nature of questions contained as well as age, marital status, and education level among others. Clinical officers should therefore go beyond the pre-trial forensic investigation to properly gauge their effectiveness and reliability. Article 1: Psychopathology and Competence to Stand Trial The study involved assessing the psychopathology and competence to stand trial for pretrial criminal defendants. A total of 188 defendants were evaluated over a six month period. The defendants were subjected to at least one study questionnaire which was successfully filled by 138 respondents and this formed the basis of analysis. The information given on the questionnaire was used exclusively as records of psychiatric historical or other medical data were rarely available prior to evaluation due to time constraints and hence not used. Though the records were obtained the study noted that 64.6% of the respondents had reported prior psychiatric hospitalizations based on defendants’ self report. However, 9.4% of the respondents’ prior records were obtained from outside the facility.Results of the study show that out of the 138 defendants included in the study, 46% were considered incompetent to stand trial (IST) and 54% were considered competent to stand trial (CST). Over 60 % had been convicted of felony offences and 39.6% with misdemeanors as classified by the New Penal Code, 1995. Majority of the convicts (24.6%) were charged with crimes against others, 18.8% on nuisance offenses, robbery 15.2% and 13.8 % on drug charges. To assess the effectiveness of the pre trial tests, the two clinical opinions agreed with regard to competence in the 187 cases (99.5%). This is a clear sign that the test was effective. However, estimates for interrater reliability based on only the cases in which both clinicians completed the study questionnaire as measured using the spearman correlation coefficient between the two clinical rating showed a high degree of competence to stand trial (estimated at 0.92). it was also discovered that that 96.7% of defendants classified as CST had the ability to assist in their defense. The radical departure in reliability for the study is that, when the diagnosis was classified along different categories, only 50% of the cases agreed. The structure of questionnaire and questions thereof was pointed as the major possible reason. In conclusion, the study established critical information relating to the effectiveness and reliability of fitness tests to stand trial. The study discovered the important factors that increase or decrease the likelihood of trial competence. Thought disorder, delusional beliefs and disorientation symptoms were found to be more effective than affective symptoms. Psychosis appears more likely to limit a defendant’s ability to assist in their defense while not having past records on disorder is insignificant. Article 2: An examination of the relationship between competency to stand trial, competency to waive interrogation rights, and psychopathology The study was conducted in greater Vancouver area from an inpatient forensic facility and pretrial facility where mentally disordered defendants were recruited and sampled. Individuals who agreed to participate in the study were subjected to a test that included vocabulary and block design subsets of the Wechsler Adult Intelligence Scale revised, Test of Charter Comprehension, Fitness Interview Test and Structures Clinical Interview for DSM-III-R. ANOVA was used to analyze differences in the legal abilities of diagnostic groups and their significance. The results should that 44 defendants were diagnosed as having current primary psychotic disorders, 42 had primary disorders, 54 had primary substance abuse disorders and 72 had no diagnosis. Many of the defendants in the no-diagnosis group were from the forensic inpatient facility and had no current Axis I diagnosis using strict definition. Though this was the case this category most of them had a past mental health history. The study acknowledges some defendants may have been referred for competency evaluations based on mental health history. Demographics were insignificant in fitness interview tests. Diagnostic groups had a lot of variance in respect to mental health variables in those defendants with primary psychotic disorders were significantly more likely than other defendants to have hospitalizations. Performance was significantly poorer for defendants with primary psychotic disorders than for those with substance abuse disorders. This was therefore found to have a significant consequence on proceedings. Ability to communicate with the counsel was significantly poorer for defendants with primary psychotic disorders than for those with affective disorders. In summarizing the findings, the study has pointed out that fitness tests are both effective and reliable. Defendants with psychotic disorders have been found to demonstrate high levels of impaired legal abilities compared to nonpsychotic defendants. Defendants interviewed on legal abilities to competency to waive interrogation rights portrayed better understanding of interrogation rights were only found when measured by recognition and not recall or vocabulary. In addition, previous hospitalizations were found to affect defendants with affective disorders resulting to poorer understanding of the nature and object and possible consequences of the proceedings. Integrative Analysis From the above studies, it’s evident that psychopathology disorders affect a defendant’s ability to stand trial. The tests that are use for testing fitness to stand trial have been found to be both effective and reliable. For example, the two studies have shown that defendants with psychotic disorders have been found to fail competence to stand trial. Those with drug abuse disorders have also been found to have poor recall and most unlikely to assist in their defense. Choice of respondents has also been found to affect the outcome of the fitness tests. For example, those that have had previous hospitalization for psychotic disorders were least likely to understand the consequences of the proceedings. In addition, those with serious psychotic disorders were most likely to stand trial and convicted of crimes against others or felony. The way the test is conducted and instruments structured is most likely to affect reliability of test. For example, FIT is affected by the way questions are structured and the level of training and cross check mechanisms to achieve required level of reliability. In addition, while the first article showed that past records don’t significantly influence fitness tests to stand trial, the second article has shown that presence of such data may affect the outcome of such tests. Conclusion The discussion based on the two case studies has provided insightful information to inform the effectiveness and reliability of fitness tests to stand trial in Canada. The studies have shown a great level of significance for various variables tested. They have also shown clearly factors that are most likely to affect the likelihood of competence or incompetence as well as understanding the legal abilities and consequences of the proceedings. It is therefore of paramount importance that samples into such tests be conducted in a statistically verifiable manner that can be replicated. Researchers should also take caution so that studies don’t defy theory or past studies. For example, while the first case ignored past historical records on hospitalization, the second study has found a strong correlation between past it and ability to stand trial and understand legal implications of a trial and ability to assist counsel in defense. In conclusion, it can be said that with appropriate tools for testing fitness to stand trial, the current tests in are effective to a large extent. Focus should therefore be given to various categories of psychotic disorders, primary disorders, affective disorders and drug abuse related disorders. Each of these categories is likely to exhibit great variance in the outcome of the tests. References Rosenfeld, B. & Wall, A. (1998). Psychopathology and competence to stand trial. Criminal Justice and Behavior, 25, 443-446. Viljoen, J.L., Roesch, R & Zapf, P.A. (2002). An examination of the relationship between competency to stand trial, competency to waive interrogation rights, and psychopathology. Law and Human Behavior, 26 (5), 481-502. Read More