Amnesia and Competency to Stand Trial: Can You Defend Yourself Without Memory?
Amnesia and Competency to Stand Trial:
Can you defend yourself without memory?
Mark O 'Brien
Forensic Psychology
Dr. Alina Perez
Florida Institute of Technology
April 13, 2012
Abstract
The American court system sometimes calls on forensic psychologists to determine the fitness of a defendant to stand trial. This paper specifically looks at the defendant amnesia as criteria for determining competency. Specifically, the author first investigates the psychological standards for determining competency and conducts a literature review of relevant research that may guide the forensic psychologist in making a determination. Next, the paper examines the legal standards for determining competency, including established precedents. The author lives in Indiana, so that state 's statutes as well as federal standards are discussed. The paper then discusses whether the professional standard and the legal standard are compatible and finally outlines the role of the forensic psychologist in the competency hearing process.
Introduction
Despite the notion of popular literature and television that the "insanity defense" is an automatic bye for committing heinous crimes, or even crimes of any sort, forensic psychologists are faced with the task of evaluating the validity of the claim as well as applying the legal standards and precedents when asked to testify regarding competency to stand trial. Making the determination requires evaluating the defendant 's mental state according to the provisos of the DSM-IV as well as integrating the law. This can be particularly difficult because psychology remains a rapidly evolving field and the law can be somewhat resistant to change. The question this paper seeks to answer is whether one can actively participate in his own defense if he has some form of amnesia. As a part of the answer, the author will look at the evolving role of amnesia in the diagnosis of mental illness including the changes that took place with the
Can you defend yourself without memory?
Mark O 'Brien
Forensic Psychology
Dr. Alina Perez
Florida Institute of Technology
April 13, 2012
Abstract
The American court system sometimes calls on forensic psychologists to determine the fitness of a defendant to stand trial. This paper specifically looks at the defendant amnesia as criteria for determining competency. Specifically, the author first investigates the psychological standards for determining competency and conducts a literature review of relevant research that may guide the forensic psychologist in making a determination. Next, the paper examines the legal standards for determining competency, including established precedents. The author lives in Indiana, so that state 's statutes as well as federal standards are discussed. The paper then discusses whether the professional standard and the legal standard are compatible and finally outlines the role of the forensic psychologist in the competency hearing process.
Introduction
Despite the notion of popular literature and television that the "insanity defense" is an automatic bye for committing heinous crimes, or even crimes of any sort, forensic psychologists are faced with the task of evaluating the validity of the claim as well as applying the legal standards and precedents when asked to testify regarding competency to stand trial. Making the determination requires evaluating the defendant 's mental state according to the provisos of the DSM-IV as well as integrating the law. This can be particularly difficult because psychology remains a rapidly evolving field and the law can be somewhat resistant to change. The question this paper seeks to answer is whether one can actively participate in his own defense if he has some form of amnesia. As a part of the answer, the author will look at the evolving role of amnesia in the diagnosis of mental illness including the changes that took place with the
References: Allen, J.J.B. and Iacono, W. G. (2001) Assessing the validity of amnesia in Dissociative Identity Disorder: A dilemma for the DSM and the court, Psychology, Public Policy and Law, 7 (2), 311-344. Retrieved March 10, 2012, from http://www.psych.umn.edu/faculty/iacono/2001%20assessing%20the%20validity%20of%20amnesia%20in%20dissociative%20iden.pdf Bourget, D., M.D. and Whitehurst, L. (2007) Amnesia and Crime, Journal of the American Academy of Psychiatry, 35 (4), 469-480. Retrieved March 13, 2012, from http://www.jaapl.org/content/35/4/469.full.pdf+html Tysee, J.E. (2005) Note: The Right to an "Imperfect" Trial -- Amnesia, Malingering, and Competency to Stand Trial, William Mitchell Law Review, 32 (1). Retrieved March 14, 2012, from http://www.wmitchell.edu/lawreview/Volume32/Issue1/10Tysse.pdf.