Opinion formation in evaluating the adjudicative competence and restorability of criminal defendants: a review of 8,000 evaluations

Evaluations of competence to stand trial (CST) are the most common type of criminal forensic evaluation conducted, and courts tend to defer to clinician opinions regarding a defendant's competence. Thus, it is important to study the ways in which clinicians arrive at opinions regarding adjudicative competence and the data they consider in forming their opinions. We reviewed 8,416 evaluations conducted by forensic evaluators in Virginia over a 12 year period, and examined (a) the clinical, demographic, and criminal characteristics of a defendant as related to opinions regarding competence, predicted restorability, and impairment on "prongs" of the Dusky standard, (b) process and outcome differences in evaluations conducted by psychiatrists versus psychologists and inpatient versus outpatient evaluators, and (c) the consistency of incompetence base rates over a 10 year period. Overall, clinicians opined that 19% of defendants were incompetent and considered 23% of these unlikely to be restored to competence. Not surprisingly, psychotic and organic/intellectual disorders were most strongly associated with findings of incompetence. However, there were some notable differences between evaluations by psychologists versus psychiatrists and between evaluations conducted in inpatient versus outpatient settings.     

Five-year research update (1986-1990): Evaluations for competence to stand trial

This article reviews and evaluates publications during 1986–1990 with relevance for assessments of competence to stand trial. The review focuses specifically on articles that provide new concepts or data supported by research or case studies. The studies are reviewed under the following headings; (a) the systemic context of competence to stand trial (CST) evaluations, (b) conceptual definitions of competence and models for CST assessment, (c) research on CST assessment methods, (d) characteristics of incompetent defendants, (e) interpretation of CST evaluation data, (f) issues in CST assessment of special populations, and (g) treatment to restore competence. Suggestions are offered for further research to advance the quality of clinical evaluations for competence to stand trial.     

Feigning in adjudicative competence evaluations

Competence to stand trial (adjudicative competence) is the most requested forensic psychiatric evaluation, with an estimated 60,000 referrals annually. The challenge of detecting feigned incompetence has not been systematically studied until the past decade. Estimates of feigned adjudicative incompetence vary from 8 to 21%. This article reviews techniques for detecting malingered psychosis and malingered cognitive impairment during competence evaluations. Specific techniques for assessing feigned adjudicative incompetence and estimating the malingerer's genuine abilities are discussed. A stepwise approach to suspected feigned adjudicative incompetence is proffered. Copyright © 2010 John Wiley & Sons, Ltd.     

Opinion formation in evaluating sanity at the time of the offense: an examination of 5175 pre-trial evaluations

Sanity evaluations are high-stake undertakings that explicitly examine the defendant's culpability for a crime and implicitly explore clinical information that might inform a plea agreement. Despite the gravity of such evaluations, relatively little research has investigated the process by which evaluators form their psycholegal opinions. In the current study, we explore this process by examining 5175 sanity evaluations conducted by a cohort of forensic evaluators in Virginia over a ten-year period. Our analyses focus on (i) the clinical, criminal, and demographic attributes of the defendant correlated with opinions indicative of insanity; (ii) the clinical content of the evaluations and the legal criteria referenced as the basis for the psycholegal opinion; (iii) the process and outcome differences in the sanity evaluations conducted by psychologists versus psychiatrists; and (iv) the consistency in these opinions over a ten year period. Analyses predicting an opinion of insanity indicate a positive relationship with psychotic, organic, and affective diagnoses and previous psychiatric treatment. Analyses also indicate a negative relationship with prior criminal history, drug charges, personality disorder diagnosis, and intoxication at the time of the offense. Modest racial disparities were observed with evaluators offering opinions that the defendant was insane more often for white than for minority defendants despite comparable psychiatric and criminal characteristics.     

Five year research update (1996-2000): evaluations for competence to stand trial (adjudicative competence)

This article reviews and evaluates publications during 1996-2000 with relevance for assessments of competence to stand trial (also known as adjudicative competence). The review focuses specifically on articles that provide new concepts or data supported by research or case analyses. The studies are reviewed under the following headings: (i) the systemic context of evaluations of adjudicative competence (AC); (ii) conceptual guidelines for AC evaluations; (iii) research on AC assessment methods; (iv) empirical correlates of AC judgments and psycholegal abilities; (v) quality of AC evaluations and reports; (vi) interpretation of AC evaluation data; (vii) issues in AC assessment of special populations (e.g., juveniles, persons with mental retardation, and women); and (viii) treatment to restore competence. Suggestions are offered for further research to advance the quality of clinical evaluations of adjudicative competence.     

The role of competency to stand trial in mental health courts

Concerns have been raised in the literature about the competency to stand trial and competency to make treatment decisions of defendants referred to mental health courts. However, there is little information reported about the evaluation and prevalence of incompetence, characteristics of incompetent mental health court defendants, and disposition of mentally ill defendants too disturbed to be diverted from the criminal justice system through mental health courts. This study reports on the 85 potential mental health court defendants referred for trial competency evaluations during the first three years of operation of the Akron Ohio Mental Health Court. Of the 80 defendants who could be located for evaluation, 77.5% were found incompetent, and 53% of the incompetent defendants were not restored to competence even after an average of 49 days of treatment in a state psychiatric hospital. The implications of these findings in terms of the diversion potential of mental health courts for the severely mentally ill are discussed.     

Planning and Evaluating Integrated School-Based Services

Summary

This paper reviews some of the challenges to evaluation presented by integrated school-based services, and describes field-based evaluation approaches designed to yield valid and useful information about such programs. In place of the positivistic research paradigm, a multistage evaluation approach is called for that includes qualitative and quantitative and process and outcome evaluations. This approach is characterized by close collaboration between evaluators and program personnel that makes evaluation an integral part of program planning and operation.     

An Empowerment Evaluation Model for Sexual Assault Programs: Empirical Evidence of Effectiveness

Using an empowerment evaluation approach, the Sexual Assault and Rape Prevention (SARP) Evaluation Project brought together university researchers, public health evaluators, state funders, and program staff to provide evaluation training and consultation to all state-funded rape prevention and victim services programs in Michigan. In this paper, the specific activities of the SARP project are described, and process and outcome data are presented that address the effectiveness of this empowerment evaluation approach. Based on subjective reports from program staff and objective data obtained from state funders, results suggest that this evaluation model was successful in helping 90% of the prevention programs and 75% of the victim services programs successfully develop and launch program evaluations. One-year follow-up data indicate that 90% of the programs had sustained their evaluation efforts after the formal work of the SARP project had ended.     

When Accomplishments Come Back to Haunt You: The Negative Effect of Competence Signals on Women's Performance Evaluations

This research explores the possibility that the very accomplishments that are critical to success during the hiring process (e.g., educational attainment, promotion history) can lead to a drop in future performance evaluations for women. We theorized that evaluators may see such competence signals as a threat to the traditional gender hierarchy, which leads to a negative bias when evaluating women's on‐the‐job performance. In Study 1, we examined this hypothesis among commanding officers in the U.S. military, who gave lower performance ratings to female subordinates whose pay grade approached their own. The same was not true for male subordinates. Studies 2, 3a, and 3b experimentally tested the boundary conditions of this effect using two additional competence signals (educational attainment and past career successes) and 2 different populations. Across these studies, we replicated the negative relationship between competence signal strength and performance evaluations for female subordinates but only under conditions in which the evaluator would be particularly likely to experience gender hierarchy threat. Specifically, it emerged when the evaluator was male and high social‐dominance oriented and when the female subordinate's objective on‐the‐job performance was high. Finally, Study 3a demonstrated how organizations can mitigate this negative bias by using objective (rather than subjective) performance evaluations.     

Is it okay to tell? Children's judgements about information disclosure

The present research investigates how young children evaluate and reason about the disclosure of private information. Using story vignettes, children aged 4–5 and 7–8 years were asked to evaluate an individual who passed on information from a peer revealing that he or she had broken a rule (e.g., stolen a cookie; rule type) or lacked a skill (e.g., could not ride a bicycle; competence type). These negative valence stories were compared with positive valence stories in which the peer had followed a rule or possessed a skill. Younger children approved the sharing of positive, but not negative, information, irrespective of type (rule vs. competence). Older children disapproved the disclosure of someone's incompetence, whereas they approved the disclosure of a rule violation. Children justified their evaluations by reference to social rules in the rule‐type vignettes and to an individual's feelings in the competence‐type vignettes. The findings suggest that young children are concerned about the disclosure of negative information about other people, but with age they become increasingly concerned about protecting the social order even at the cost of individual privacy.     

Field validity of the Psychopathy Checklist-Revised in sex offender risk assessment

Several studies have concluded that scores from Hare's (2003) Psychopathy Checklist-Revised (PCL-R) predict reoffense among sexual offenders, but most of those studies examined the predictive validity of scores from trained research staff, not clinicians in the field scoring the measure as part of actual forensic assessments. Therefore, we examined the field validity of PCL-R scores that forensic evaluators assigned to 333 male sexual offenders who underwent evaluations during a civil commitment selection process. Overall, no PCL-R score was a significant predictor of sexually violent recidivism. Facet 4 was the only PCL-R score with an area under the curve (AUC) greater than .50 (AUC = .53, p = .85) and the only PCL-R score that approached statistical significance for predicting the combined category of violent or sexually violent offending (AUC = .63, p = .08). However, scores from a subset of evaluators revealed stronger predictive effects, indicating that predictive validity was higher for scores from some evaluators than others. Overall, these results suggest that the stronger predictive validity values in controlled research studies may not apply to all evaluators when the PCL-R is administered in the field.     

Ten Year Research Update (2001–2010): Evaluations for Competence to Stand Trial (Adjudicative Competence)

This article reviews and evaluates publications during 2001–2010 with relevance for assessments of competence to stand trial, referred to in this article as adjudicative competence. The review focuses specifically on articles that provide new concepts or data supported by research or case analyses. The studies are reviewed under the following headings: (i) systemic issues, (ii) conceptual guidelines for AC evaluations, (iii) AC assessment methods, (iv) empirical correlates of AC judgments and psycholegal abilities, (v) quality of AC evaluations and reports, (vi) interpretive issues, (vii) special populations (defendants who are elderly, defendants with intellectual disabilities), (viii) AC evaluations of juveniles, and (ix) treatment of incompetent defendants. Suggestions are offered for further research to advance the quality of clinical evaluations of adjudicative competence. Copyright © 2013 John Wiley & Sons, Ltd.     

INVESTIGATION OF BIAS IN JOB EVALUATION RATINGS OF COMPARABLE WORTH STUDY PARTICIPANTS

An experimental study was conducted to investigate the effects of knowledge of current pay levels and perceived job gender on subsequent job evaluations. The sample consisted of 53 job evaluators in professional and scientific positions at the University of Iowa who had previously received 20 hours of training in job evaluation and participated in over 100 hours of job evaluations during the implementation of a comparable worth pay system. The hypothesis that jobs with high (manipulated) pay levels would receive higher evaluations than jobs with low (manipulated) pay levels was confirmed, although the effects were smaller than those reported in other studies. In addition, evidence of a pro-female bias was found ( p < .08) in the job evaluation ratings. Implications of these findings for job evaluation research and practice are discussed.     

The Stigmatizing Effects of Affirmative Action: An Examination of Moderating Variables

Two studies examined (a) the pervasiveness of stigmas of incompetence, (b) the possible moderating effects of qualifications and type of affirmative-action plan, and (c) the influence of an individual's attitudes toward affirmative action on stigmatization of a beneficiary. Results for Study 1 showed that participants evaluated the affirmative-action hiree as less competent and unlikely to have been hired because of qualifications, regardless of the hiree's actual qualifications. Study 2 demonstrated that, while affirmative-action plan had no effect on participants' evaluations, association with affirmative action produced negative evaluations on competence, career progress, and hiring because of qualifications. Attitudes toward affirmative action had a stronger effect on evaluations of the hiree than the qualifications of the hiree. Implications for alleviating stigmatization are discussed.     

Utilization of program evaluation information in public schools: Perspectives and guidelines for school psychologists

The ability of program evaluators in public schools to design evaluations the result in useful evaluation information is central to the advancement of the field of program evaluation. Unless evaluation information is utilized by program decision makers, the worth of an evaluation can be questioned. In this paper, the issue of utilization of program evaluation information in public schools is addressed. First, perspectives on utilization of evaluation information are provided that are derived from knowledge utilization theory and research. Second, a set of program evaluation guidelines are described that are intended to help enhance utilization of evaluation information by program decision makers. Third, a meta-evaluation of the application of the guidelines in public school settings is reported.     

The detection of feigned mental disorders on specific competency measures

Psychologists have standardized competency-to-stand-trial (CST) assessments through the development of specialized CST measures. However, their research has largely neglected the possibility that CST measures may be stymied by feigning mental disorders and concomitant impairment. The current study is the first systematic examination of (a) how feigned mental disorders may affect CST measures and (b) which scales are effective at identifying feigned cases. Bona fide patients (n = 65) were compared with suspected malingerers (n = 22) on 3 CST measures: the Georgia Court Competency Test (GCCT), the MacArthur Competence Assessment Tool--Criminal Adjudication, and the Evaluation of Competency to Stand Trial--Revised (ECST-R). Results indicated that these CST measures are vulnerable to feigning. The development of specialized GCCT and ECST-R scales yielded moderately effective screens for feigned mental disorders in the context of CST evaluations.     

A Cognitive Anatomy of Political Trust and Respective Bases: Evidence from a Two‐City Survey in China

Building on contemporary research on social cognition and psychology, trust, political representation and accountability, and candidate evaluation, this article proposes to decompose political trust into two cognitively distinct but related components for examination: competence versus intention evaluations. This article further argues that people's evaluations of their government's competence and intention in governance can have distinct bases due to the varying accessibility of pertinent information. Using valid instruments from a unique sampling survey in two Chinese cities in 2005, this article tests the validity of this cognitive scheme. Empirical evidence shows that (1) the surveyed Chinese urban residents effectively differentiated between their central government's competence and intention in governance: on average, they had a quite positive assessment of the central government's intention to serve its people, despite their relatively pessimistic views of its competence to deliver good governance; (2) the Chinese urbanites did consult different sources of information and heuristics when evaluating their central government's competence and intention, respectively.     

Creativity in Context: The Ecology of Creativity Evaluations and Practices in an Artistic Craft

The present article reports a study on the use of a multiple feedback methodology for creativity evaluation in the case of Romanian Easter eggs. Four groups of evaluators —i.e. ethnographers, priests, art teachers and folk artists—all members of professional communities relevant for this particular folk art participated in the study. They almost unanimously appreciated ‘traditional’ wax decorated eggs as highly creative for their designs, aesthetics and the hard work and talent they require but opinions diverged when commenting on the creativity of other types of Easter eggs. At a more general level, two broad evaluation patters were found, corresponding to whether respondents participate or not in decoration practices. Identifying these patterns comes to reinforce the idea that creativity evaluations, as well as creative activity, are rooted in the social and cultural contexts of the participants and these contexts share important similarities but also marked differences.     

Ethical Considerations for Psychologists Screening Applicants for the Priesthood in the Catholic Church: Implications of the Vatican Instruction on Homosexuality

The release of the Vatican instruction on homosexuality in the priesthood and Catholic seminaries poses several challenging ethical issues for the psychologists who conduct psychological screening evaluations for those men interested in religious life as Catholic priests. This brief article reviews some of the key ethical issues associated with these evaluations in light of the new Vatican instruction on homosexuality. The RRICC model based on the American Psychological Association's Code of Ethics (i.e., responsibility, respect, integrity, competence, and concern) is used to highlight some of the ethical challenges for psychologist evaluators.