Competency to Stand Trial 121is more obvious and was discussed above (e.g., reduce the number of cases); the
advantages to the defendant are less understood.
COMPETENCY TO STAND TRIAL
Introduction
Some of the more frequently addressed issues concerning psychology and the legal
system involve the concept of competency. Black's Law Dictionary (Garner, 1996)
defines competency as "the mental ability to understand problems and to make
decisions" (p. 117). The precise meaning of competency assumes different forms,
however, depending on the context for which it is addressed. In general, there is
longstanding agreement that an individual should not be subjected to the processes
of the legal system if he or she is unable to understand the nature and purpose of those
proceedings (L. Wrightsman et al., 1994). Further, it is important for defendants to
be competent in order to ensure accurate results, maintain the dignity of the legal
system, and justify the imposition of punishment (Weiss, 1997).
Questions of competency in the legal system can be raised at any point through-
out the proceedings of the criminal process. Such questions may be raised by the
prosecution, the defense, or the judge. The most frequent application of the com-
petency rule concerns competency to stand trial. In addition, a number of other
competency issues may be raised including competency to plead guilty, compe-
tency to confess, competency to refuse the insanity defense, competency to waive
the right to an attorney, competency to testify, and competency to be sentenced
and executed.
What exactly does the legal concept of competence refer to, and what impli-
cations ensue from its legal existence? This section explores these questions and
looks more specifically at the issue of competence in the legal system. In addition,
the issue of competency to stand trial is examined. For further analysis on com-
petency to be sentenced and executed, refer to the section entitled "Incarcerating
and Executing the Mentally 111." The implications for forensic psychology, policy
analysis, and practice that surface in light of the concept of competence are also
briefly discussed.
Jenne Foster is a 28-year-old woman who was arrested tor felony theft 3 months
ago. Jenne has a history of moderate-to-severe psychological dysfunction. She has been
hospitalized at various times since the age of 13 for mood-related issues, often accom-
panied by psychotic symptoms. Though her mental illness manifests only periodically,
it is often compounded by her long history of substance abuse. In addition, Jenne has
been diagnosed as mildly mentally retarded. Intelligence tests conducted by clinical and
forensic psychologists consistently measure her within the 60—70 range.
After initially interviewingjenne in preparation for her trial, Jenne s defense attorney,
John, questions her understanding of the upcoming proceedings and ability to assist him
in the trial process. Having genuine concerns regarding these issues, John raises the