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Mutism, malingering, and competency to stand trial
1University of Missouri School of Medicine, Columbia.
The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1987
Summary
This case study highlights how a defendant feigned mutism for 10 months to malinger competence to stand trial. Clinicians must maintain high suspicion and conduct thorough evaluations to detect malingered mutism.
Area of Science:
- Forensic Psychiatry
- Clinical Psychology
Background:
- The historical link between mutism and mental illness in legal contexts, particularly concerning competence to stand trial.
- Legal and clinical challenges in assessing malingering, especially when symptoms like mutism are presented.
Observation:
- A defendant presented with mutism for an extended period of 10 months.
- The mutism was identified as a deliberate act of malingering to feign incompetence.
Findings:
- Mutism can be a sophisticated symptom employed by defendants to malinger.
- A high index of suspicion is crucial for clinicians when encountering mutism in defendants.
Implications:
- Recommends a multi-faceted evaluation approach to verify the authenticity of mutism.
- Includes neurological assessment, repeated interviews, collateral information, and specialized interviews if needed.