Dr. Gaskell: Competency To Stand Trial

Improved Essays
Competency to Stand Trial

Competency to stand trial means that the defendant understands the purpose of the legala proceedings against him and be able to cooperate with his counsel. He has to be able to understand the charges against him and the consequences if he is convicted. He must have a minimal understanding of court room procedures. He has to be able to plan a legal strategy, recall and relate to facts and events including his motives and actions when the crime was committed. He also has to be able to testify on his behalf. “The insanity defense has nothing to do with a defendants current mental status to be found not guilty by reason of insanity” According to Insanity Defense FAQs in paragraph two. A judge or jury will evaluate the defendant to determine their
…show more content…
Here is a list of Dr. Gaskell’s written forensics psychological evaluation report addressing competency to stand trial:
• The underlying bases for diagnoses of metal disability or impairment.
• A description of mental disability and how severe the disability is.
• An opinion on the extent of the mental disability impairs the defendant’s ability to understand the purpose of the proceedings against him.
• Issues of possible malingering with be evaluated.
• If a person was incompetent to stand trial the possibility for restoration to competency will be addressed.
“Dr. Gaskell is a forensic psychological expert who has completed more than 1100 forensic psychological assessments and over 500 competency to stand trial.” According to Competency to Stand Trial Evaluations.
According to the article Competency to Stand Trial. “About half of the states follow the “M’Naughten” rule.” “A defendant may be found not guilty by reason of insanity if “If at the time of committing the act, he was laboring under such a defect of reason

Related Documents

  • Improved Essays

    Parent, and brain injury specialist, Dr. Savage, based strictly on the fact that neither held a medical degree. Concerning Dr. Parent’s testimony, the court found that the trial court did err. There is evidence of previous cases, such as the Marmo case, that have allowed testimony from a toxicologist to support a connection between a person’s injuries related to chemical exposure. It was determined that the trial court also erred when excluding Dr. Savage’s testimony about causation. Despite not holding a medical degree, Dr. Savage has worked in the neurological field and researched the subject thoroughly.…

    • 1250 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    On May 20, 1998, Kipland Kinkel went on a shooting rampage at Thurstone High School. After the shooting spree Kipland was arrested and convicted of four counts of murder and twenty-six attempted counts of murder, with a total sentence time of 111 years and eight months. Four years into the 111-year sentence, the attorneys of Kipland Kinkel appealed the initial sentencing. In the “State of Oregon v. Kipland Philip Kinkel,” Judge Haselton offers information on the original trial, the grounds of the appeal and the state’s decision to uphold the sentence. Judge Haselton utilizes the rhetorical tools of ethos, pathos and logos to support the court’s decision to deny the appeal.…

    • 881 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Virginia Cooper Summary

    • 499 Words
    • 2 Pages

    In the research study conducted by Virginia G. Cooper and Patricia A. Zapf, they are looking to come up with potential accurate diagnosis guidelines for declaring if someone is competent or incompetent when coming to their ability to stand trial. This is something they are evaluating, because there are many individuals each year sent for “competency evaluations” and there are no procedures set up from ”the courts for making a competency evaluation” (424). They are hoping to find out what factors reliably determine competency. Cooper and Zapf are specifically looking for potential prejudices of “clinicians” rulings of “468 criminal defendants” from “Taylor Hardin Secure Medical Facility in 1994 to 1997” on their “competency” by analyzing the…

    • 499 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The concept of legal competence to stand trial in the United States can be traced back to English common law dating from at least the 17th century (Zapf and Roesch 4). It was not until the 1960s that the United States established the modern day standard for determining competence to stand trial with the Supreme Court case of Dusky v United States (Zapf and Roesch 6). This case established that a “defendant must have sufficient present ability to consult with a lawyer with a reasonable degree of rational understanding, as well as factual understanding of the proceeding” in order to be considered psychologically qualified to stand trial (Zapf and Roesch 7). This baseline for determining competence for trial formed the foundation for determining competence for execution in the Ford v Wainwright…

    • 1987 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    Lunde works to make sure that the image he presents of the world of forensics is as realistic as possible; alerting the reader of any differences in definitions from the diction of everyday life that they may not know about. In one of the various examples, Dr. Lunde provides the reader with this, “I had no doubt he was suffering from a mental illness at the time, namely, Major Clinical Depression. But the definition of insanity (written in 1843) requires a mental illness of the sort that prevents a person from knowing what they are doing and knowing right from wrong” (123). This demonstrates the way in which lawyers and such have to examine a person’s sanity. Insanity in diction of current times is commonly defined as a crazed or ridiculous person and it is used in a very casual manner, often jokingly.…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Serial Killers Essay

    • 1038 Words
    • 5 Pages
    • 6 Works Cited

    According to law, a person is “not guilty by reason of insanity” if they do not have the capacity to know right from wrong, therefore;…

    • 1038 Words
    • 5 Pages
    • 6 Works Cited
    Superior Essays
  • Great Essays

    This Court will have to allow this defense because in Arizona 's limited insanity defense in Clark v. Arizona, and denied certiorari in Delling v. Idaho, a case alleging that Idaho 's replacement of the insanity defense with a "Guilty but mentally ill" verdict constitutes a due process violation. Because of the weighty implications of the decision to plead insanity, the defendant must be the one to decide whether to use the insanity…

    • 1544 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Some people are up against the concept of insanity defense where they believe everyone who commits crime must take the criminal responsibility for their deviant behavior. On the other hand, there are group of people who believe the NCRMD is necessary in our criminal justice system, in order to sustain the equality for mentally ill person. Thus, the question of whether NCRMD is necessary in our criminal justice system is not a black or white question where there is a clear answer. However, the truth is that the NCRMD defense has created in our criminal justice system with a good purpose of providing equal rights for the mentally disordered people. This criminal defense does not exists and works as the sink hole for the accused to easily escape or avoid his or her criminal responsibility.…

    • 1688 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Tests for insanity include M’Naghten Rule and the American Law Institute Model Penal Code. The M’Naghten Rule focuses on whether defendant knew nature of the crime or understood right from wrong at the time the crime was committed. Under the American Law Institute (ALI) a defendant may be found not guilty by reason of insanity if lacking either cognitive or volitional (irresistible impulse) capacity. The ALI test provides “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to the appreciate the criminality (wrongfulness) of his conduct or to conform this conduct to the requirements of the law” (Goldstein. Morse, & Packer, 2013, p.…

    • 1387 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The purpose of a forensic psychologist is to accumulate information concerning the defendant by the means of assessment and results, interviews, as well as information from third parties. The material is presented to members of the court (e.g. judge, attorneys, and jury members) to assist with selecting the appropriate punishment (Heilburn et al, 2003). Forensic psychologist provided expert testimony specializing in mental health diagnosis as it relates to legal proceedings meeting the Daubert standard (e.g. has the assessment been peer reviewed, the reliability and validity of the assessment, just to name a few (Heilburn et al, 2003; Hugaboom,…

    • 1050 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Pros And Cons Of Jurors

    • 785 Words
    • 4 Pages

    A jury is a group of citizens, normally consisting of between 4-15 jurors who are randomly selected and are accordingly given the ability to make decisions in a legal case submitted to them to pass on a verdict. A juror is an individual citizen part of the jury. Jurors are normally made to attend to hear cases in the Coroner, District and Supreme Courts. They must settle on the facts before them and determine civil or criminal matters. They are the lone judges of the validity of the witnesses and their obligations are as critical as those of a judge.…

    • 785 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The insanity plea is a defense in the court of law put in place for people who suffer from mental illness and commit crimes. Under this defense, the mentally ill are not entirely held responsible for their actions given the terms that they were not in the correct state of mind when the crime took place. The person would admit to committing the crime, but then say they are not guilty by reason of insanity (Francone). This plea has been used in my cases throughout history.…

    • 1321 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    “Not Guilty by reason of insanity” This could be used in a plea in a court of a person charged with a crime who admits the act, but whose attorney says that they were too mentally ill at the time to determine whether it was right or wrong. In the short story, “The Tell Tale Heart” by Edgar Allan Poe it describes a crazy man who kills another man. The story takes place in an old house in the old man’s bedroom. The main character explains to the reader about his obsession of the old man. His obsession is concerning the old man’s “vulture looking” eye.…

    • 804 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Their proof must show that the accused has criminal liability, accountability, or culpability (Pg. 255). In the absence of one or both of the attributes the insanity may be used. To begin with, as stated by Torry and Billick, the insanity defense was used as far back as 1581 when there was a legal note in place for those who could distinguish the difference between right and wrong and those who could not (Pg. 256). By the Eighteenth Century the insanity defense was distinguished by, if the accused could only understand the ramifications of what he had done like an infant or even a wild animal would, then he would not be held responsible for said crime. Today, however, the law uses several different rules, including the M’Naghten rule, to determine if person’s mental state during the act of committing the crime was such that he will use the insanity defense.…

    • 1542 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    According to Bartol and Bartol (2011, p. 244) if an individual pleads not guilty by the circumstance of insanity, then the psychiatric evaluation should be focused on the individual 's mental state at the time of the crime. This basis is very much in line with the recommendation of Dr. Siegel in his letter to the…

    • 882 Words
    • 4 Pages
    Improved Essays