Competency to stand trial refers to a defendant’s ability to understand the nature and consequences of the legal proceedings against them, as well as to assist in their own defense. The Supreme Court established the standard for competency in federal courts in the 1960 case Dusky v. United States. The Court ruled that “the test must be whether the defendant has sufficient present ability to consult with their attorney with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings against them.” This standard has been widely adopted across most jurisdictions since.
At Dr. Robin Lowey & Associates, our forensic psychologists have years of experience evaluating defendants to determine whether a mental disorder, defect, or impairment impacts their ability to understand their legal proceedings and/or assist in their defense. We conduct evaluations for both adult criminal defendants and juveniles involved in delinquency proceedings.
The assessment methods used vary depending on the defendant’s age and the suspected limitations, but in every case, our experts perform a comprehensive clinical interview and mental status examination with the defendant. A measure of adjudicative competence, tailored to the defendant’s specific circumstances, is administered, records are reviewed, and collateral interviews are conducted. Additional psychological testing, including malingering assessments when there is suspicion of feigned symptoms, may also be included.
Our expert reports provide a detailed explanation of any diagnoses, a thorough description of any impairments, and an opinion on whether—and to what extent—the disorder or impairment interferes with the defendant’s ability to understand the nature and purpose of the proceedings and/or to assist in their defense. We offer expert testimony regarding our findings upon request.