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AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial: An American Legal Perspective

Mr. Fitch is Director of Forensic Services, Maryland Mental Hygiene Administration, Jessup, MD; Clinical Professor of Psychiatry, University of Maryland Medical School, Baltimore, MD; and Adjunct Professor of Law, University of Maryland Law School, Baltimore, MD. Address correspondence to: W. Lawrence Fitch, JD, Office of Forensic Services, MHA, 8450 Dorsey Run Road, Jessup, MD 20794-1000. E-mail: fitchl{at}dhmh.state.md.us

The AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial provides a rich discussion of the legal standards and procedures for evaluating and determining a criminal defendant's trial competence and for restoring to competence defendants found to be incompetent. The document includes an up-to-date discussion of the applicable case law, examines ethics considerations for forensic examiners, addresses cultural issues, and offers practical templates for interviewing defendants and preparing reports. Although its focus is on trial competence in adult criminal court, the document also attends to competency considerations for minors facing delinquency proceedings in juvenile court. Comprehensive and incisive, if not optimally organized and tabulated, the Guideline will serve as the standard reference for psychiatrists asked to provide trial competence assessments in criminal and juvenile court cases.