The utility of treatment orders in the restoration of competence to stand trial
DOI :
https://doi.org/10.15173/ijrr.v1i1.3335Résumé
Involuntary treatment orders to restore competence to stand trial under the Criminal Code of Canada provide an opportunity to explore variables associated with restoration. We reviewed all 199 defendants assessed for fitness to stand trial in a catchment area of 2.3 million people over a two-year period, of which 26 were admitted to a regional psychiatric program under a treatment order. All had a psychotic disorder, and 92% (n=24) were restored to competence within the 60-day order period. No specific factors were associated with restoration. Unlike other studies, our study found that psychosis did not militate against restoration of competence.
Références
Dusky v United States 362 U.S.402 (1960). (accessed on November 15, 2017)
Pirelli G, Gottdiener WH, Zapf PA. A metaanalytic review of competency to stand trial research. Psychology Public Policy Law 2011;17(1):1-53
Bonnie RJ. The competence of criminal defendants: a theoretical reformulation. Behav Sci Law 1992;10(3):291-316
Criminal Code of Canada, R.S.C. 1991, Section 2 (accessed on November 15, 2017)
Regina v. Taylor. (1992) 77 CCC (3d) 551 (accessed on November 15, 2017)
O'Shaughnessy RJ. AAPL practice guideline for the forensic psychiatric evaluation of competence
to stand trial: a Canadian legal perspective. J Am Acad Psychiatry Law 2007;35(4):505-508
Grisso T, Steinberg L, Woolard J, Cauffman E, Scott E, Graham S, et al. (2003). Juveniles' competence
to stand trial: a comparison of adolescents' and adults' capacities as trial defendants. Law Human Behav 2003;27(4):333-363
Morris DR, DeYoung NJ. Psycholegal abilities and restoration of competence to stand trial. Behav Sci Law 2012;30(6):710-728
Jackson v. Indiana 406 U.S. 715 (1972) (accessed on November 15, 2017)
Advokat CD, Guidry D, Burnett DMR, Manguno-Mire G, Thompson JW. Competency restoration treatment: differences between defendants declared competent or incompetent to stand trial. J Am Acad Psychiatry Law 2012;40(1):89-97
Colwell LH, Gianesini J. Demographic, criminogenic, and psychiatric factors that predict competency restoration. J Am Acad Psychiatry Law 2011;39(3):297-306
Mossman D. Predicting restorability of incompetent criminal defendants. J Am Acad Psychiatry Law 2006;35(1):34-43
Rodenhauser P, Khamis HJ. Predictors of improvement in maximum security forensic hospital patients. Behav Sci Law 1988;6(4):531-542
Cochrane RE, Herbel BL, Reardon ML, Lloyd KP. The Sell effect: involuntary medication treatment is a “clear and convincing” success. Law Human Behav 2013;37(2):107-116
Sell v. United States 282 F.3d 560 (2002) (accessed on November 15, 2017)
Criminal Code of Canada, R.S.C. 1985, c.46, s.672.58 (accessed on November 15, 2017)
American Psychiatric Association. Diagnostic and statistical manual of mental disorders: DSMIV-TR. Washington, DC: American Psychiatric Association, 2000
Quinsey VL, Harris GT, Rice ME, Cormier C. Violent Offenders: Appraising and Managing Risk. Washington, DC: American Psychological Association, 2006
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