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Public evaluations of unrepresented defendants
1Program for Forensic Psychiatry, Colorado Health Sciences Center, Denver 80262, USA.
The Bulletin of the American Academy of Psychiatry and the Law
|January 1, 1995
Summary
Court-ordered competency evaluations for unrepresented defendants are rare but do occur. This study examined their incidence and reasons within public forensic facilities.
Area of Science:
- Forensic Psychiatry
- Legal Medicine
- Criminal Justice
Background:
- Ethical and legal concerns exist regarding pre-counsel forensic evaluations by private psychiatrists.
- Limited research addresses evaluations from public facilities or by non-psychiatrist clinicians.
Purpose of the Study:
- To determine the incidence of unrepresented defendants undergoing competency to proceed evaluations.
- To investigate the reasons behind evaluations of defendants lacking legal counsel.
Main Methods:
- Detailed study of defendants evaluated at a state forensic inpatient unit.
- National survey of state forensic facilities to gather data on unrepresented defendants.
Main Results:
- Court-ordered evaluations of defendants without legal representation are infrequent.
- Despite rarity, instances of unrepresented defendants being evaluated persist.
Conclusions:
- While uncommon, the practice of evaluating unrepresented defendants for competency requires continued attention.
- Further research may be needed to fully understand and address the underlying causes.