Encyclopedia of Psychology and Law

(lily) #1
multiplied by 2), and the recommended cut score is 69
or below; defendants who score in this range are rec-
ommended for further evaluation.
Research conducted on the GCCT–MSH has been
limited, but that which is available suggests that the
measure has good interrater reliability, has good inter-
nal consistency, and can be effective as a checklist to
identify potential deficits in functional abilities. Three
studies have looked at the factor structure of the
GCCT–MSH, and the findings have indicated a lack
of stability; consequently, the exact domains that are
assessed by GCCT–MSH are not clear.
Much of the commentary regarding the utility of the
GCCT–MSH relates to the narrow focus of the mea-
sure, specifically the almost exclusive focus on founda-
tional competence (e.g., the ability to understand the
purpose and process of the criminal proceedings) to the
near exclusion of decisional competencies (e.g., knowl-
edge of the legal options, capacity to engage in rational
deliberations regarding legal strategy). Numerous
scholars have discussed the relative importance of deci-
sional competencies over foundational competencies,
and they contend that foundational competence does
not adequately capture what is required to demonstrate
competence. Instead, they argue that it is the defen-
dants’ ability to function within the context of their own
legal proceedings that is of paramount importance.
In addition to the narrow focus of the measure, con-
cerns regarding the face validity of the GCCT–MSH
have been raised and addressed in the literature. In 1995,
Shayna Gothard and colleagues created the Atypical
Presentation Scale to the GCCT–MSH. This scale is
composed of 8 items that are scored on a 3-point scale
(0 =no,1 =qualified yes,2 =definite yes). In the origi-
nal study, scores of 6 or higher suggested atypical
responding and the need for a more comprehensive eval-
uation of malingered incompetence. A more recent
study indicated that the original cut score was too strin-
gent, and it was suggested that the cut score be lowered
to 3 or higher, or perhaps even 1 or higher.
The utility of the GCCT–MSH is limited to screen-
ing for possible concerns regarding the competence of
the defendant. Although a cut score of 69 has been the
recommendation for a further evaluation of compe-
tence to stand trial, this score should never be used as
the sole criterion for such a determination. Like all
forensic assessment instruments, the GCCT–MSH
plays a small and unique role in the comprehensive
evaluation of a defendant.

Karen L. Salekin

See also Competency to Stand Trial; Forensic Assessment;
Presentence Evaluations

Further Readings
Bonnie, R. (1992). The competency of criminal defendants:
A theoretical reformulation. Behavioral Sciences and the
Law, 10,291–316.
Dusky v. United States, 362 U.S. 402 (1960).
Gothard, S., Rogers, R., & Sewell, K. W. (1995). Feigning
incompetency to stand trial: An investigation of the
GCCT. Law and Human Behavior, 19,363–373.
Rogers, R., Ustad, K. L., Sewell, K. W., & Reinhart, V.
(1996). Dimensions of incompetency: A factor analytic
study of the Georgia Court Competency Test. Behavioral
Sciences and the Law, 14,323–330.

GRISSO’SINSTRUMENTS FOR


ASSESSINGUNDERSTANDING


ANDAPPRECIATION OF


MIRANDA RIGHTS


The Instruments for Assessing Understanding and
Appreciation of MirandaRights were originally devel-
oped in the 1970s by Thomas Grisso as a research tool
to inform public policy about juveniles’ and adults’
capacities to waive rights. The tool, composed of four
distinct instruments, was subsequently adopted for use
in juvenile and adult forensic evaluations, and the
instruments were published for clinical use in 1998. A
revised version of the instruments, the MirandaRights
Comprehension Instruments–II, has been developed
and normed, and the manual is in preparation.

Development and Purpose
Grisso organized an expert panel of lawyers and psy-
chologists to offer comments about, and reach a con-
sensus on, the organization of the instruments, item
structure, and scoring criteria. In 1980, Grisso pub-
lished the results of a large-scale study employing these
instruments and, in that article, included the instru-
ments’ norms and psychometric properties.
Although the instruments were designed for research
purposes, their clinical utility quickly became appar-
ent. The U.S. Supreme Court, in Miranda v. Arizona
(1966), established that a valid waiver of rights must be

336 ———Grisso’s Instruments for Assessing Understanding and Appreciation of MMiirraannddaa Rights

G-Cutler (Encyc)-45463.qxd 11/18/2007 12:43 PM Page 336

Free download pdf