ABSTRACT

The most frequent request by the courts for forensic assessment is for the assessment of legal competency (adjudicative competency) of a defendant to be tried. The determination of a defendant’s competency to stand trial is a central aspect of any criminal proceeding. Competence can also be a factor in civil matters, for example, competency to manage one’s affairs. In both instances the issue of a defendant feigning not being competent becomes a diagnostic challenge. Being involved in legal matters creates considerable anxiety for most individuals who are charged with wrongdoing. This anxiety instigates a usual reaction to be deceitful in order to avoid or minimize the circumstances. It is important for clinicians to bear in mind that in the legal context, competency has a court defined meaning and is relevant to a specific legal application. Concern about a defendant’s competency is usually the result of behavior by the defendant suggesting mental health issues. Forensic clinicians are often called upon to assist and inform the courts regarding the court making a judicial determination of competency issues at different stages of the jurisprudence process. The topic of legal competency has a lengthy history and is an excellent backdrop to our study of deception in forensic matters. This chapter reviews the history of forensic competency evaluations and current status of examination procedures.