Civil Competence Research Articles

Geriatric Considerations in Restoration of Competence to Stand Trial: Two Cases of Impaired Cognition

ABSTRACT The approaching increase in the number of America's elderly will bring about a corresponding increase in the prevalence of elderly psycholegal issues. Forensic clinicians will have to contend with a relatively high base rate of cognitive impairment in the geriatric population and its impact on various criminal and civil competencies. Specifically, this case report discusses the effect of cognitive impairment on competence to stand trial. Two cases illustrating the complexity of elderly trial competence and its restoration are presented and discussed. Given the variable etiology of cognitive impairment in the geriatric population, elderly trial competence evaluations should be conducted by clinicians familiar with geropsychiatric issues and representing multiple disciplines. Importantly, clinicians should rigorously rule out the possibility of reversible causes of diminished cognition when evaluating trial competence among the elderly.

Assessing Civil Competence

Assessing Civil Competence

9The Role of Mental Status Measures in Civil Competency Determinations

Abstract This article reviews 12 studies that have used brief mental status exams in competency determinations. When possible, sensitivity and specificity values for determining incompetence were calculated from the available data. Although lower mental status scores were generally associated with incompetence and higher scores were generally associated with findings of competence, the mean sensitivity and specificity values of 69.4% and 74.6%, respectively, reflect that about one-quarter of patients under study would have been misclassified. In no single study did both sensitivity and specificity exceed 75%. The results of bedside mental status measures in competency determinations were particularly misleading in patients with frontal lobe pathology or psychiatric disorders. Although the brevity and simplicity of mental status measures are potentially enticing, clinicians are advised that the exclusive use of mental status exams, regardless of cutoff scores, in competency determinations will lead to a hi...

Civil competency and practice

Behavioral Sciences & the LawVolume 11, Issue 2 p. 119-119 Introduction to This Issue Civil competency and practice Robert M. Wettstein M.D., Robert M. Wettstein M.D. EditorSearch for more papers by this author Robert M. Wettstein M.D., Robert M. Wettstein M.D. EditorSearch for more papers by this author First published: Spring 1993 https://doi.org/10.1002/bsl.2370110202AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat No abstract is available for this article. Volume11, Issue2Spring 1993Pages 119-119 RelatedInformation

Assessing Civil Competence in the Elderly

This study was designed to establish reliability of the Community Competence Scale-Revised (CCS-R) and provide evidence for its validity in making discriminations relevant to civil competence in the elderly. The CCS-R is an individually administered structured interview of 17 subscales. Criterion groups were formed by drawing a sample of research participants from a retirement complex with various levels of care and with nurses having extensive knowledge of the residents' level of functioning. The study demonstrated high reliability and found converging evidence for the effectiveness of the CCS-R in making discrimination about competence in the elderly. The study had added to the growing evidence that it is possible to standardize the assessment of civil competence, thereby making the adjudication process a more accurate one.

Psychological evaluations for the courts: A handbook for mental health professionals and lawyers : By Gary B. Melton, John Petrila, Norman G. Poythress, and Christopher Slobogin The Guilford Press (200 Park Avenue South, New York, New York 10003), 1987, 511 pp., hardcover—$50.00.

Part I: General Considerations.Law and the Mental Health Professions: An Uneasy Alliance. An Overview of the Legal System: Sources of Law, the Court System, and the Adjudicative Process. The Nature and Method of Forensic Assessment. Constitutional, Common-Law, and Ethical Contours of the Evaluation Process: The Mental Health Professional as Double Agent. Managing Public and Private Forensic Services. Part II. The Criminal Process.Competency to Stand Trial. Other Competencies in the Criminal Process. Mental State at the Time of the Offense. Sentencing. Part III. Noncriminal Adjudication.Civil Commitment. Civil Competencies. Compensating Mental Injuries: Workers' Compensation and Torts. Federal Antidiscrimination and Entitlement Laws. Part IV. Children and Families.Juvenile Delinquency. Child Abuse and Neglect. Child Custody in Divorce. Education and Habilitation. Part V. Communicating with the Courts.Consultation, Report Writing, and Expert Testimony. Sample Reports. Glossary.

Public Affairs and Administrative Involvement

Technical expertise alone is inadequate for good administration. It is also inadequate for the civil engineering profession. Professionally, civil engineering development and competence involve not only technical expertise, but also administrative skill and ability. If the civil engineering profession is to avoid being relegated to the role of technicians, and is to work for the “progressive well-being of mankind” with corresponding public support and confidence, then the profession must become involved administratively as well as technically. Therefore, it behooves those of us in ASCE to make a special effort to create the professional attitude, professional educational opportunities, and professional society activities that encourage, strengthen, and support the total professional development of those civil engineers whose potential leads them into greater areas of administrative responsibility. Your suggestions as to how this can be better accomplished are encouraged.