精神病患者与非精神病患者被告对判决相关信息的理解能力:初步研究。

S K Hoge, N Poythress, R Bonnie, M Eisenberg, J Monahan, T Feucht-Haviar, L Oberlander
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引用次数: 0

摘要

受审能力或“裁决能力”的法律结构是基于这样一个前提:与大多数被告相比,一些精神障碍被告的能力受损,如果这些与能力相关的能力严重受损,就应该禁止裁决。能力充分和能力不足之间的界线会产生重要的后果:由于被裁定为能力不足,被告可能被非自愿地拘留和对待,他们的审判将被推迟。然而,没有研究系统地比较了相关被告群体的能力。在这项研究中,84名刑事被告——其中42人被认为是不称职的,42人被认为毫无疑问是称职的——接受了三种测量理解法律相关信息能力的工具。不称职的被告在所有理解方面的表现都更差。28名不称职的被告在恢复称职后再次接受了这些措施。恢复正常的被告在所有理解方面的表现都有所提高,他们的表现与正常的、有能力的被告相似。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Mentally ill and non-mentally ill defendants' abilities to understand information relevant to adjudication: a preliminary study.

The legal construct of competence to stand trial, or "adjudicative competence," is based on the premise that some mentally disordered defendants have impaired abilities when compared with most defendants and that adjudication should be barred if these competence-related abilities are significantly impaired. Where the line is drawn between sufficient and insufficient abilities has important consequences: as a result of being adjudicated incompetent, defendants may be detained and treated involuntarily and their trials will be delayed. However, no studies have systematically compared the capacities of relevant groups of defendants. In this study, 84 criminal defendants--42 of whom were hospitalized as incompetent and 42 of whom were regarded as unquestionably competent--were administered three instruments measuring capacity to understand legally relevant information. Incompetent defendants performed more poorly on all measures of understanding. Twenty-eight incompetent defendants were administered the measures a second time, after restoration to competence. Restored defendants improved their performance on all measures of understanding and their performance was similar to that of normal, competent defendants.

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