FACTORS AFFECTING REFERRAL TO DETERMINE COMPETENCY TO STAND TRIAL

• NCJ Number: 11401
• Journal: American Journal of Psychiatry Volume: 130 Issue: 8 Dated: (AUGUST 1973) Pages: 870-875
• Author(s): G COOKE; N JOHNSTON
• Date Published: 1973
• Length: 6 pages
• Corporate Author: American Psychiatric Assoc
• Publication Format: Article
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

REFERRALS ARE FREQUENTLY BASED ON LEGAL STRATEGY RATHER THAN ON A LEGITIMATE CONCERN FOR THE MENTAL STATUS OF THE DEFENDANT.

Abstract

DATA WERE COLLECTED THAT COMPARED COMPETENCY REFERRALS IN MICHIGAN BY TYPE OF CRIME AND GEOGRAPHICAL AREA (DETROIT, OTHER MICHIGAN URBAN AREAS, AND RURAL JURISDICTIONS). IT WAS FOUND THAT SERIOUS, VIOLENT AND ATROCIOUS CRIMES HAD THE HIGHEST RATES OF REFERRAL. IT WAS ALSO DISCOVERED THAT URBAN AREAS HAD HIGHER OVERALL RATES OF REFERRAL THAN RURAL AREAS, BUT THE PROPORTIONS WERE GENERALLY THE SAME WHEN BROKEN DOWN BY CRIME TYPE. THE AUTHORS CONCLUDE THAT THE RATE OF REFERRAL IS NOT RELATED TO THE SERIOUSNESS OF PATHOLOGY, BUT IS BASED ON STRATEGICAL CONSIDERATIONS INCLUDING THE REMOVAL OF PUBLIC PRESSURE, THE AVOIDANCE OF A JURY TRIAL, AND THE POSSIBILITY OF AN INSANITY PLEA. OTHER FACTORS AFFECTING REFERRAL RATES ARE PROXIMITY TO THE FACILITIES AND KNOWLEDGEABILITY CONCERNING THE USE OF COMPETENCY EVALUATION LAWS. (AUTHOR ABSTRACT MODIFIED)