Evaluating Competencies: Forensic Assessments and Instruments

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Springer Science & Business Media, 2003 - Law - 541 pages
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As in its first edition, this book offers a conceptual model for understanding the nature of legal competencies. The model is interpreted to assist mental health professionals in designing and performing assessments for legal competencies defined in criminal and civil law, and to guide research that will improve the practice of evaluations for legal competencies. A special feature is the book's evaluative review of specialized forensic assessment instruments for each of several legal competencies. Three-fourths of the 37 instruments reviewed in the second edition are new and thus were not reviewed in the first edition.

Application of the assessment model and reviews of instruments are provided for six areas of legal competence:
-Competence to Stand Trial;
-Waiver of Rights to Silence and Legal Counsel;
-Not Guilty by Reason of Insanity;
-Parenting Capacity - Determination of Child Custody;
-Guardianship and Conservatorship; and
-Competence to Consent to Treatment.

 

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Contents

Advances in Assessments for Legal Competencies
1
LEGAL COMPETENCIES
2
LEGAL COMPETENCIES IN THE CRIMINAL PROCESS
3
LEGAL COMPETENCIES IN CIVIL CASES
7
SUMMARY
9
HOW FAR HAVE WE COME?
10
IGNORANCE AND IRRELEVANCE
12
INTRUSION
15
ABUSE NEGLECT AND TERMINATION OF PARENTAL RIGHTS
230
DIVORCE AND CUSTODY
231
LAW AND CURRENT PRACTICE
232
FROM LEGAL STANDARD TO FORENSIC ASSESSMENT
250
REVIEW OF FORENSIC ASSESSMENT INSTRUMENTS
258
BRICKLIN PERCEPTUAL SCALES
268
PERCEPTION OF RELATIONSHIPS TEST PORT
274
PARENT AWARENESS SKILLS SURVEY PASS AND PARENT PERCEPTION OF CHILD PROFILE PPCP
278

INSUFFICIENCY AND INCREDIBILITY
17
THE VALUE OF A CONCEPTUAL MODEL
19
Legally Relevant Assessments for Legal Competencies
21
INTRODUCTION
22
FIVE COMPONENTS OF LEGAL COMPETENCIES
23
CAUSAL COMPONENT
29
INTERACTIVE COMPONENT
32
JUDGMENTAL AND DISPOSITIONAL COMPONENTS
36
SUMMARY
39
Empirical Assessments for Legal Competencies
41
FORENSIC ASSESSMENT INSTRUMENTS
42
OBJECTIVES OF FORENSIC ASSESSMENT INSTRUMENTS
43
THE NEED FOR EVALUATION OF FORENSIC ASSESSMENT INSTRUMENTS
47
STANDARDS FOR FORENSIC ASSESSMENT INSTRUMENTS
49
DEFINING LEGALLY RELEVANT FUNCTIONAL ABILITIES
50
PSYCHOMETRIC DEVELOPMENT
55
CONSTRUCT VALIDATION
59
PREDICTIVE OR CLASSIFICATORY UTILITY
61
POTENTIAL FOR EXPRESSING PERSONSITUATION CONGRUENCY
63
ORIENTATION TO THE INSTRUMENT REVIEWS
64
PURPOSES AND OUTLINE OF THE REVIEW CHAPTERS
65
Competence to Stand Trial
69
LAW AND CURRENT PRACTICE
70
FROM LEGAL STANDARD TO FORENSIC ASSESSMENT
82
REVIEW OF FORENSIC ASSESSMENT INSTRUMENTS
89
MACARTHUR COMPETENCE ASSESSMENT TOOLCRIMINAL ADJUDICATION MACCATCA
90
FITNESS INTERVIEW TEST REVISED FITR
101
COMPETENCE ASSESSMENT FOR STANDING TRAIL FOR DEFENDANTS WITH MENTAL RETARDATION CASTMR
108
GEORGIA COURT COMPETENCE TEST MISSISSIPPI STATE HOSPITAL GCCTMSH
115
COMPETENCE TO STAND TRIAL ASSESSMENT INSTRUMENT CAI
121
COMPETENCE SCREENING TEST CST
130
CURRENT STATUS OF THE HELD
139
CLINICAL APPLICATION
145
Waiver of Rights to Silence and Legal Counsel
149
LAW AND CURRENT PRACTICE
150
FROM LEGAL STANDARD TO FORENSIC ASSESSMENT
157
REVIEW OF FORENSIC ASSESSMENT INSTRUMENTS
163
COMPREHENSION OF MIRANDA RIGHTS CMR
164
COMPREHENSION OF MIRANDA RIGHTS RECOGNITION CMRR
173
COMPREHENSION OF MIRANDA VOCABULARY CMV
177
FUNCTION OF RIGHTS IN INTERROGATION FRI
181
CURRENT STATUS OF THE HELD
186
RESEARCH DIRECTIONS
187
CLINICAL APPLICATION
190
Not Guilty by Reason of Insanity
193
LAW AND CURRENT PRACTICE
195
FROM LEGAL STANDARD TO FORENSIC ASSESSMENT
203
REVIEW OF FORENSIC ASSESSMENT INSTRUMENTS
209
ROGERS CRIMINAL RESPONSIBILITY ASSESSMENT SCALES RCRAS
216
CURRENT STATUS OF THE FIELD
223
CLINICAL APPLICATION
225
Parenting Capacity
229
CHILD ABUSE POTENTIAL INVENTORY CAPI
281
PARENTING STRESS INDEX
292
PARENTCHILD RELATIONSHIP INVENTORY PCRI
298
CURRENT STATUS OF THE FIELD
301
CLINICAL APPLICATION
306
Guardianship and Conservatorship
309
LAW AND CURRENT PRACTICE
313
FROM LEGAL STANDARD TO FORENSIC ASSESSMENT
322
REVIEW OF FORENSIC ASSESSMENT INSTRUMENTS
331
A IADL INSTRUMENTS BASED ON INTERVIEW OR OBSERVATION
334
MULTIDIMENSIONAL FUNCTIONAL ASSESSMENT QUESTIONNAIRE MFAQ
338
PHILADELPHIA GERIATRIC CENTER MULTILEVEL ASSESSMENT INVENTORY MAI
346
B PERFORMANCE BASED INSTRUMENTS TO ASSESS IADLS
352
EVERYDAY PROBLEMS TEST EPT
357
C PERFORMANCE BASED INSTRUMENTS TO ASSESS NEED FOR GUARDIAN OR CONSERVATOR
359
FINANCIAL CAPACITY INSTRUMENT
363
HOPEMONT CAPACITY ASSESSMENT INTERVIEW HCAI
367
INDEPENDENT LIVING SCALES ILS
369
CURRENT STATUS OF THE FIELD
378
CLINICAL APPLICATION
387
Competence to Consent to Treatment
391
LAW AND CURRENT PRACTICE
393
FROM LEGAL STANDARD TO FORENSIC ASSESSMENT
398
REVIEW OF FORENSIC ASSESSMENT INSTRUMENTS
404
CAPACITY TO CONSENT TO TREATMENT INSTRUMENT CCTI
405
HOPEMENT CAPACITY ASSESSMENT INTERVIEW HCAI
412
HOPKINS COMPETENCY ASSESSMENT TEST HICAT
416
MACARTHUR COMPETENCE ASSESSMENT TOOL FOR TREATMENT MACCATT
421
MACARTHUR COMPETENCE ASSESSMENT TOOL FOR CLINICAL RESEARCH MACCATCR
429
UNDERSTANDING TREATMENT DISCLOSURES UTD
435
PERCEPTIONS OF DISORDER POD
440
THINKING RATIONALITY ABOUT TREATMENT TRAT
447
PSYCHOMETRIC DEVELOPMENT
450
CURRENT STATUS OF THE HELD
453
CLINICAL APPLICATION
458
Developing and Using Forensic Assessment Instruments
461
DEVELOPING FORENSIC ASSESSMENT INSTRUMENTS
462
CAUSAL COMPONENT
469
INTERACTIVE COMPONENT
471
JUDGMENTAL AND DISPOSITIONAL COMPONENTS
472
USING FORENSIC ASSESSMENT INSTRUMENTS
473
FORMING QUESTION
474
DESCRIBING FUNCTIONAL ABILITIES
475
EXPLAINING FUNCTIONAL DEFICITS
476
MAKING PREDICTIONS OR POSTDICTIONS
477
A NOTE ON POTENTIAL MISUSE OF FAIS
478
CONTINUING THE IMPROVEMENT OF FORENSIC ASSESSMENTS
479
THE FUTURE OF FAIS
480
References
483
Legal Citations
515
Author Index
519
Copyright

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About the author (2003)

Craig F. Ferris is professor of psychiatry and physiology at the University of Massachusetts Medical Center. Thomas Grisso is professor of psychiatry at the University of Massachusetts Medical School.

Randy Borum, PsyD, is Associate Professor in the Department of Mental Health Law and Policy at the University of South Florida, where he also holds appointments in the Department of Criminology and the College of Public Health. His over 100 professional publications include the Structured Assessment of Violence Risk in Youth.
David Verhaagen, PhD, is a licensed psychologist and a managing partner of Southeast Psychological Services in Charlotte, North Carolina. He has served as the clinical director of three mental health agencies that treat children and adolescents, including the largest of its kind in the state. Dr. Verhaagen's four previous books include a text on treating sexually aggressive youth.

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