Part 1 Explain the process of competency restoration.
According to Hubbard, Zapf, & Ronan, (2003), “Competency restoration is the process used when an individual charged with a crime is found by a court to be incompetent to stand trial, typically due to an active mental illness or an intellectual disability.” Before the legal process can continue, a suspect should be restored to competency. That gives the suspect the chance to consult with his or her defense lawyer to have a factual and rational understanding of the legal proceedings.
Describe why the process of competency restoration is important.
The importance of competency restoration is wide and broad in court proceedings. Competence restoration ensures that the suspect is able to understand
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In this case, the general standard that can be considered in competency restoration. Such general standards include;
1.05 Maintaining expertise
This standard should be considered by those psychologists who are involved in therapies, evaluations, research, and organizational consultations to uphold a judicious level of awareness of current scientific and specialized info in their fields of activity and undertake ongoing efforts to maintain competence in the skills they use. That will allow them to respect their client and avoid any malicious activities such as discrimination which might influence the client understanding of their rights and court proceedings; as a result, affecting competency restoration process.
Privacy and confidentiality:
The legal guideline aims to remind psychologists about their primary obligations as well as rational “precautions to respect the confidentiality rights of those with whom they work or consult, recognizing that confidentiality may be established by law, institutional rules, or professional or scientific relationships.” Maintaining privacy and confidentiality of the defendant facilitate their openness assisting them to recall and relate “pertinent facts and events, including his motives and actions at the time of the offense, and be able to testify in his behalf and to challenge prosecution witnesses.”
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The limit of confidentiality according to American Psychological Association (2018), “should cover the pertinent limitations on confidentiality, including limitations where applicable in group, marital, and family therapy or in organizational consulting, and the foreseeable uses of the information generated through their services.” Also, the limit of confidentiality should cover the permission for electronic recording of interviews and secure it from clients and patients (American Psychological Association, 2018).
Identify the factors that might impede competency restoration.
The success of competency restoration depends on the defendant responsiveness and to medical treatment if he or she is diagnosed with mental disorders that can render a suspect incompetence to stand trial as; such disorders might include Schizophrenia and the other psychotic disorders. Conferring to Anderson, & Hewitt, (2002), “individuals who show clinically significant improvement in general psychopathology are more likely to be perceived as restored to competency.” However, 50% of people who are diagnosed with mental retardation or acquired cognitive deficits are not restored; such mental disorders render the suspect irresponsive to the required court
Standard 9.04a, test data will be in conjunction with Standard 9.11 for testing materials and both needed to be secured. Psychologist can only release data to people who are designee (including lawyers) on the release form unless
With this, the counsellor should utilize the least intrusive steps to ensure safety, which may include consultation, legal assistance, and disclosure to a significant other of the client (Canadian Counselling and Psychotherapy Association, 2020; Canadian Counselling and
Often times when a person is found not guilty of insanity they are taken to a mental institution. They soon get treated and then every so often they get a release hearing. Both authors brought up the fact that at the hearings, the roles reverse and the defense has to prove sanity and the government has to prove insanity, which only adds fuel to the confusion and contradictions. The authors agree that the
"The median amount of time taken to complete adult NCRMD cases was 132 days, which is 17% longer than the 113 days taken for non-NCRMD criminal court cases." (Miladinovic, Z., & Lukassen, J., 2015, February 25) This data demonstrates that those in charge of the case must know the case in order to set a just trial. "The verdict of not criminally responsible on account of mental disorder (NCRMD) is a final decision reached when a judge or jury finds that an accused was suffering from a mental disorder while committing the criminal act and as a result is exempt from criminal responsibility (Criminal Code, R.S.C. 1985, s.672.34). An individual found NCRMD is neither acquitted nor found guilty (Latimer and Lawrence 2006); the court or Review Board may make one of three dispositions: absolute discharge, conditional discharge, or detention in a hospital (Criminal Code, R.S.C. 1985, s.672.54)."
On the other hand, diminished capacity is the concept that comes from the idea that certain mental disorders may reduce an offenders’ culpability. Diminished capacity is closely related to the insanity defense but does not consider the offender to be legally insane. A successful defense sees the offender as guilty but usually result in a mitigated punishment. The Texas Penal Code does not consider diminished capacity as an affirmative defense but instead uses the defense during the prosecution phase once the defendant has been found guilty. Diminished capacity includes an array of mental disorders varying from depression to schizophrenia.
As it was being debated whether psychopathic diseases would be included in the model insanity standard, the American Law Institute attempted to exclude psychopathic and sociopathic conditions from consideration (Felthous, 2010). Then in 1961, it was declared by the Third Circuit Court of Appeals that sociopathy would be sufficient in order to raise the issue of insanity. However, this issue of psychopathy and sociopathy inclusion in the insanity defense, and the insanity defense in its entirety remains a controversial issue. Since the 1970s, it seems there is a greater interest in restricting and abolishing insanity tests as well as excluding psychopathy from the defense, and that view is still present (Felthous, 2010). According to Felthous (2010), this tension has been long
For example in the Grimley case her defense was her alter ego Jennifer was in control and that she had a drinking problem, and when Jennifer was in control the primary personality Robin had no recollection of any incidents going on at the time. Prior to the incident she was diagnosed with dissociative identity disorder are at the time multiple personality disorder. At the end of Grimsley’s case the court held are responsible for the actions. The reason simply summarized that she was the only person driving the car and the one accused of drunken driving. It was immaterial of the state of mind or consciousness that she was in.
I am going to be doing a comparison on multiple relationships under the Ethics Codes for Psychologist section 3.05, and The Association for Addiction Professionals section l-11. They both seem to be pretty consistent with each other with a few minor differences. In the NAADAC l-11 it states that “addiction professionals shall make every effort to avoid multiple relationships with a client” (NAADAC: The Association for Addiction Professionals NCC AP: The National Certification Commission for Addiction Professionals CODE OF ETHICS: Approved 10.09.2016).
The correctional facilities should provide evaluations and specific psychological test to determine if the person has a mental illness or if they do not while in jail. Inmates that have mental illness should be sent to a mental health facilities rather than being kept in jail where they not receiving the help they need. If the inmate is not treated for the proper mental disorder than they can be a danger to the correctional facilities and themselves. Lastly, if inmates are giving a psychological test then the correctional facilities will stop overlooking the inmates with a mental illness that need to be in a mental health facilities rather than housed in jail. How forensic psychologist can play a role?
However, he is careful to state that he’s neither opposed to getting criminals off the street nor to incarceration. He just states that with all the advances made in neuroscience, it would be inappropriate for the legal system to treat everyone as if they have the power to make the right decisions in the first place. However, Eagleman also recognizes the legal implications of these advances as declaring people guilty or not guilty and determining appropriate legal punishments would become more complicated than before. At the end, he proposes ways in which neurobiological advances could be applied to help the mentally ill criminals to help them gain more self-control and more importantly, to keep them from going back to
forensic psychologists are best known as profilers who create mental profiles of culprits for law requirement offices. Be that as it may, this photo of criminological brain research is to some degree restricted. Rather, scientific brain science includes the use of different orders, among them brain research, criminal equity, and law, to address matters of an authoritative, legal, or regulatory nature. Scientific clinicians don't simply bargain exclusively with criminology; rather, their work is at the convergence of clinical brain science and legal sciences and includes research and use of these controls to an assortment of issues, from casualties rights to issues that break separated families.
The forensic mental health professional must include or state the attorney, defense attorney, or the judge who referred the case. The date of evaluation and date of the report must also be included. • Sources of information. All sources of information used must be included under this section. This might include, interviews, psychological assessments, the reviews of arrest reports, or any other third-party document such as medical record.
Psychologists need to get into the mind of each offender, their deviant thoughts, fantasies, and dreams including polygraphs to conclude that they are being truthful about what they are sharing. After this, the psychologists in conjunction with a board of psychiatrists can then choose who they feel needs to be known to the public at
Do you yearn to get into the deranged minds of criminals like the infamous Jeffrey Dahmer? When you become a highly trained doctor of forensic psychology, you get to do the job of the hit T.V show characters Dr. Huang from Law & Order: SVU and Dr. Reid from Criminal Minds. Police, judges, juries, and lawyers are all unable to determine if felons are mentally insane or fit for trial, nor are they able to counsel victims. However, the recently sought-after study of forensic psychology is able to consolidate the divide between legal matters and the mental processes of these criminals. Become part of a field that is recognized as one of the most undeniably important parts of today 's legal system by becoming a forensic psychologist (Watchel).
They do this by receiving informed and signed consent from themselves and the client. Within this consent, will be the aim of not sharing information with any person and moreover, the client and the counsellor to contain a formal understanding of one another. Confidentiality undermines the public trust of the profession. As when professionals conduct confidentiality, they are demonstrating the virtues of integrity, trust and respect towards the