Competence to Stand Trial
In the U.S. legal system, a defendant must be mentally competent to participate in their own defense. When concerns about a defendant’s mental capacity arise, courts often order a competency to stand trial (CST) evaluation. This forensic assessment determines whether a person can understand the legal process and assist their attorney.
What Is Competency to Stand Trial?
Competency to stand trial is a legal standard—not a clinical diagnosis. According to the U.S. Supreme Court case Dusky v. United States (1960), a defendant must:
Have a rational and factual understanding of the proceedings
Be able to consult with their attorney with a reasonable degree of rational understanding
If either element is lacking, the defendant may be found incompetent to proceed.
Who Requests a CST Evaluation?
CST evaluations may be requested by:
Defense attorneys
Prosecutors
Judges
They are most often used in cases involving signs of mental illness, cognitive impairment, or bizarre behavior in court.
What Does the Evaluation Involve?
A CST evaluation typically includes:
Clinical interview
Review of medical, legal, and psychiatric records
Standardized testing (e.g., ECST-R, MacCAT-CA)
Mental status exam
Collateral interviews, if appropriate
Possible Outcomes
Competent to stand trial: Case proceeds
Incompetent to stand trial: May be referred for competency restoration services
Not restorable: Court may consider civil commitment or other alternatives
Legal and Ethical Considerations
CST evaluations are court-ordered and not confidential. The findings may influence decisions about bail, plea negotiations, or the course of the trial. Forensic psychologists must remain neutral, thorough, and objective.
Need a Competency Evaluation in Utah?
Utah Center for Psychological Services provides comprehensive CST assessments for federal cases for defense attorneys, prosecutors, and courts across Utah. Our reports are clear, timely, and grounded in legal standards. Contact us today to schedule an evaluation.
