Psychology-help

Choice of Evaluation Methodology

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Choice of Evaluation Methodology

Competency to stand trial

This type of forensic evaluation is linked to a state of mind of the defendant during criminal proceedings. Competency to stand trial is legally unconnected to the mental state of the defendant in the alleged crime. In this regard, an individual who is not competent to stand trial cannot be condemned of breaking the law. Courts require to ensure that they run fair proceedings by upholding competency before perpetrators.

Competency to stand trial implies that defendants have the right to defend themselves, and relate to the court proceedings against them. Failure to understand or assist means that defenders are legally incompetent. Additionally, mentally incompetent individuals cannot be convicted regardless of the evidence that proves they are guilty (Connell, 2003).

Legal Questions

The questions incorporated in this evaluation are framed to assess if the defendant understands details that connect to competency to aid counsel, and decision competency. They include;

· Do you understand criminal charges?

· Do you understand the implications of being a defendant?

· Do you understand the adversarial nature of being a defendant?

· Do you understand the function of the defense lawyer, prosecutor or judge?

· Are you in a position to make vital decisions concerning defense strategy during court judgement such as plea agreements?

Methodology

It incorporates legal test that assess the defendant’s capability to understand, reason, and appreciate the court proceedings. The method that applies in this evaluation involves the account of the event. The suspect should be in a position to give an account of the alleged offense. The defendant should provide information that is significant to the defense attorney by memorizing, and revealing how the event unfolded.

The methodology is appropriate for completing the chosen evaluation because it depicts the perpetrator’s right state of mind, before indulging in the court proceedings. It allows the forensic evaluator to make observations, and interpretations relating to the defendant’s responses.

Child Custody

Child custody evaluation is the use of the legal structure that resolves questions about the distribution of decision making role (Bonnie, 2012). It mostly concerns the time with children, but not always in the marital dissolution context. This procedure exists to solve disputes between two grown-ups with the intention of offering parenting to a child. Normally, these individuals fail to agree who to take responsibility, and decide to take the matter to court. Through this process, the interests of the society are served by ensuring that the care giver fulfill the interest of the child.

Legal Questions

· Can a child be compelled to spend time with the alienated parent?

· Is it important to conduct a psychological testing to determine the best residential custody plan for children in divorce?

· What considerations apply during trial in questioning a mental health professional regarding his evaluation?

· What happens in a case where each party has their own custody evaluator with conflicting resolutions?

Methodology

The methodology that applies to child custody is intervention that involves both parents. In this case, each parent is required to propose a parenting plan. This is achieved by mediating the dispute areas at the early stage. Failure to this approach, parents solve the child issue via court intervention (Miller, 2003). The next step is for the court to order for parenting responsibility or child custody to the best care giver. The comprehensive evaluation may take several months or weeks. Psychological resting is an assessment method that depict advanced efforts to meet the reputable psychometric standards about child custody fitness. For instance, the commonly used instrument is the Personality Assessment Inventory PAI. It measures the personality traits of parents such as their behaviors and attitudes. The psychologist analyses, and formulates details that aids the court to determine the parenting responsibility.

This methodology is appropriate because it is preceded by a complete disclosure to the parties involved. To justify the procedure, it gives purpose and nature of evaluation via its confidentiality limits. Through this method, the parties also learn about the fee arrangements, and the potential range of outcomes.

Parenting Fitness

A parental fitness assessment is a specialized psychological appraisal that is typically ordered by the court. It evaluates the capacity of a parent to take care of their children. This evaluation is ordered by a court as a section that terminates parental rights case. The valuation should consider collateral sources of details, and how they conform or disconfirm evaluee self-report. Parenting fitness evaluation should incorporate measures that focus on problematic parent- to- child interaction areas. It is vital to note, and desire for the observation of parent and child interaction even though it is not always possible. Collateral sources are essential in this evaluation to assess the apparent quality of the attachment between the parent, and the child. The focus of parental fitness evaluation relies on the parent’s capability to accomplish minimally adequate parenting and the best interests of the child.

Legal Questions

· Is this individual mentally or physically fit to take care of this child?

· How well can this parent cater for the child’s needs at this point in time?

· What kind of a home setting can this parent offer to the child now and in future?

· Can this parent contribute positively to a child’s development based on how he or she solve daily challenges?

· Is this parent competent to meet the child’s needs?

Methodology

FAST Evaluation is a method that is used because it is known by legal system as a parental fitness assessment. It is multi-faceted, forensic evaluation that involves a psychological exam, and identification of an intellectual or emotional barriers of parents. It also incorporates additional objective measures that evaluates expertise levels, and parental risk. This technique involves a minimum of two parent or child observations. It also incorporates collateral contacts with other service providers or people linked to the parent as a manner of proving insight into historic behavior.

This methodology is appropriate for completing the chosen evaluation, because it is based on the objective of getting a forensic comprehensive assessment. The approach further determines the strengths, and needs of parents. Typically, the method is effective when it determines parental abilities to help in custodial issues.

Mitigation of Penalty

In mitigating aspects that involve sentencing of cases, a defense attorney often ask for assessment of his or her client’s personal background information. This is essential to measure factors such as education, socio-economic, and developmental injuries that predispose the defendant to indulge in crime. The findings are forwarded to the court to reduce the harshness of the sentence that is imposed on the perpetrator.

Mitigation factors attribute to the details concerning a defendant or the context of a crime that might lessen the sentence. It is contrary to aggravating factors that concern information which tend to make the crime worse.

Legal Questions

These questions pertain what a social worker or a psychologist may testify to the court concerning the defendant’s childhood progress.

· What is the impact of child abuse?

· How does it feel to be raised without parents? How did it affect you?

· Have you experienced any mental illness that triggered you into the crime?

Methodology

Psychological method applies to this selected evaluation. Evidently, a mitigating factors entails a psychological assessment that is helpful in plea negotiation. The technique assists the defense counsel, and the court to understand aspects that affects the judgement of the defendant’s perception. Equally, it is a method that aids to evaluate the intent in committing the crime.

This methodology is justifiable because it’s evaluation often incorporate some form of risk assessment. Furthermore, the technique is effective because it includes treatment recommendations regarding the form of conduct, and how it reduces the probability of recidivism.

Recidivism potential

It is a forensic evaluation that aims to reduce recidivism risk among high risk individuals. It incorporates identification of criminogenic aspects, and focus on the development of skills which may grant a different form of life for criminals who may eventually be set free.

For instance, a sexual risk assessment indicates that women in jail are prone to high rates of sexual abuse. The background information also reveals that these women are subjected to increased rates of suicidal attempts. This is in contrast to non-jailed community counterparts

Legal Questions

· What aspects contributes to increase in sexual abuse in jails?

· How does the act affect the victims?

· What legal measures can be embraced to protect women in jails from sexual abuse?

Methodology

The appropriate technique to complete the selected evaluation is via the provision of trauma-focused treatment to the victims. This method is justifiable because its outcome is included into the court-ordered probation services. As a result, it provides clarity on psychological treatment following adjudication.

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References

Bonnie RJ. (2012). The competence of criminal defendants: Beyond Dusky and Drope. Univ Miami Law Rev. 1993; 46:539-601.

Connell, M. A. (2003). A psychobiographical approach to the evaluation for sentence mitigation. Journal of Psychiatry and Law, 31, 319-354.

Miller, J. (2003). The Defense Team in Capital Cases. Hofstra Law Review, 31, 1117-1141.

Sparta, S. N. & Koocher, G. P. (Eds.). (2006). Forensic mental health assessment of children and adolescents. New York: Oxford. Review 45, 70-113.