Chapter 552.020 of the Revised Statutes of Missouri states that “No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures.”
A competency to stand trial evaluation assesses whether a defendant is able to understand the nature of the charges against them, and determine whether they can cooperate effectively with an attorney in his or her defense.
To understand the proceedings, a defendant must be able to show they understand what their charges mean, as well as the possible sanctions they face if found guilty. The defendant must also have at least a basic understanding of courtroom procedure and the roles of various courtroom personnel. To cooperate with counsel, the defendant must demonstrate that they can plan a legal strategy, relay information about themselves and the events in question, and be able to track evidence presented in court.
The defendant must also have decisional competence; that is, the ability to weigh and manipulate information and reason in a self-preserving fashion. Finally, the defendant must also be able to plead and testify in a relevant manner.
In a forensic psychological evaluation of competency to stand trial, Dr. Kraushaar’s role is to determine whether or not a mental disease or defect precludes this understanding and cooperation. Psychological testing is administered in competency evaluations on an as needed basis, and psychological testing of malingering is sometimes indicated as well.
The results of a competency assessment may not always be helpful to an attorney’s case. But when they are, Dr. Kraushaar is committed to assisting in any way possible. If requested, she will submit a written forensic psychological evaluation report addressing the defendant’s competency to proceed.
She will describe the underlying bases for any diagnosis, a description of the mental disease or defect, if any, as well as the severity of it. She will also render an opinion on whether and to what extent that mental disease or defect impairs the defendant’s ability to understand the charges against him or her, and/or assist in their defense.
If Dr. Kraushaar opines that a person is not competent to proceed, the potential for restoration and the need for hospitalization will also be addressed. Expert testimony is also provided when necessary.
