Public evaluations of unrepresented defendants

Bull Am Acad Psychiatry Law. 1995;23(1):93-103.

Abstract

Previous articles have addressed the ethical and legal issues involved when private psychiatrists perform forensic evaluations on criminal defendants before the defendants have access to counsel; but there have been few studies addressing evaluations requested through public facilities and by clinicians other than psychiatrists. The authors present the results of a detailed study of defendants admitted for evaluations of competency to proceed to a forensic inpatient unit in one state, as well as data from a national survey of state forensic facilities. The studies were designed to measure the incidence of unrepresented defendants in a population referred for competency evaluation, as well as to examine the reasons for such occurrences. The data reveal that court-ordered evaluations of unrepresented defendants are rare, but continue to exist.

MeSH terms

  • Commitment of Persons with Psychiatric Disorders / legislation & jurisprudence*
  • Commitment of Persons with Psychiatric Disorders / standards
  • Criminal Law*
  • Data Collection
  • Ethics, Medical*
  • Forensic Psychiatry / standards*
  • Hospitals, Psychiatric / organization & administration
  • Humans
  • Mental Competency / legislation & jurisprudence*
  • Mental Competency / psychology
  • Organizational Policy
  • Patient Admission / standards
  • United States