Question

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Juvenile CST Report Template

Evaluation of Competency to Stand Trial

Name:                         Matt Smith

Date of Birth:            10/4/2008

Chronological Age: 12 years old

Type of Case:            Delinquency

Ordered by:               Hon. Judge Wright

Defense Attorney:     Meghan Jones, Esq.

Evaluator:                  Brianna McLean

Date of Report:         4/16/2020

1. IDENTIFYING INFORMATION AND REFERRAL QUESTION

Identifying information:

Legal Status: Matt Smith is before the County Juvenile Court for three delinquent charges. The police report alleges that he broke into the Bennett Middle School, broke multiple computers, and spray painted “Mrs. Jones Sucks” in the front hallway. On X/X/XXXX [juvenile’s name] was arraigned on three charges in the County Juvenile Court: Breaking and Entering in the Nighttime with Intent to Commit a Felony, Destruction of Property over $250, and Tagging.

Referral Question:

2. STRUCTURE OF THE EVALUATION

Sources of Information:

Interviews:

Collateral Information:

Limits of Confidentiality Warning:

3. CLINICAL DATA

Relevant Family History:

Developmental and Educational History:

Medical History:

Psychiatric History:

Substance Abuse History:

Legal History:

Mental Status and Behavioral Observations:

4. EVALUATION OF COMPETENCE TO STAND TRIAL

Criteria for Determining Competence to Stand Trial:

Under the U.S. Supreme Court decision in Dusky v. U.S., 362 U.S. 402 (1960) a defendant is found competent to stand trial if he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding, and if he has a rational as well as factual understanding of the proceedings against him.

Defendant’s Understandings of the Legal Process:

Understanding of the Charges, Findings and Potential Consequences:

Understanding of the Trial Participants and Process:

Ability to Assist Counsel in Preparing and Implementing a Defense:

Ability to Make Relevant Decisions Autonomously:

5. OPINIONS

Clinical Summary and Formulation:

Forensic Opinion Regarding Competence to Stand Trial:

• [If found incompetent] Potential for Remediation:

Recommendations:

Respectfully submitted,         

[Your name]

Forensic Evaluator

With this information:

The Case:

Matt Smith was referred for evaluation by his attorney Meghan Jones. Matt is before the County Juvenile Court for three delinquent charges. The police report alleges that he broke into the Bennett Middle School, broke multiple computers, and spray painted “Mrs. Jones Sucks” in the front hallway. He was arraigned on three charges in the County Juvenile Court: Breaking and Entering in the Nighttime with Intent to Commit a Felony, Destruction of Property over $250, and Tagging.

Evaluation:

Written competency evaluations will be graded based on their thoroughness in utilizing the available information, as well as the application of the legal competency standard as covered in class and readings. There is no page-length requirement, your task is to provide the available information to the “court” in a clear, concise fashion. In the sample report, each section is completed. For this case, you may not have information in some sections. If so, omit that section. Do not copy information from the sample report verbatim. This is plagiarism (and will also yield inaccurate information, as the sample case refers to a different youth and a different crime). Instead, use the sample report to guide your writing, and as an example of how and where to include information.

Answer 1

Name:                         Matt Smith

Date of Birth:            10/4/2008

Chronological Age: 12 years old

Type of Case:            Delinquency

Ordered by:               Hon. Judge Wright

Defense Attorney:     Meghan Jones, Esq.

Evaluator:                  Brianna McLean

Date of Report:         4/16/2020

Mr. Matt Smith having Blood Alcohol Concentration (BAC) of 0.09% has entered the Bennett Middle School property on 16.04.2020 with falsified intension at a time when the property is supposed to be out of reach of students. With malecious intention Mr. Matt Smith then begin breaking school properties including various computers on the way. After eveluation it is found that the total destruction of property exceeds $250 which is a felony offence. Mr. Matt Smith doesn't stopped there. Mr. Matt Smith then forwarded with more malicious intenton of defaming Mrs. Jones. Mr. Matt Smith spary painted Mrs. Jones name on the wall and written "Mrs. Jones Sucks" in the front hallway of the school. The charges if found true and Mr. Matt Smith found guilty then he could face jail time.

STRUCTURE OF THE EVALUATION

Sources of Information: CCTV foutage capture, Gaurd Mr. XXX testimony and fingure print captured at the time of police investigation.

Interviews: Police conducted interview of Guard Mr. XXX, Mrs. Jones, Principal Mr. ZZZ, 10 Class Mates of Mr. Matt Smith

Collateral Information: Collateral information is a key component obtained during the psychiatric admission process whereby clinicians gather information provided about the patient from the patient’s known contacts. Which includes 10 Class mates of Mr. Matt Smith about his behaviour and mental condition.

Limits of Confidentiality Warning: Due to mental pressure to be put on students all students interview will be put on confidential level where their name will not be revealed to public to safegaurd their interest.

CLINICAL DATA

Relevant Family History: Police records shows Mr. Matt Smith have no prior medical or criminal history.

Developmental and Educational History: Interview of Principal and Mrs. Jones suggest that Mr. Matt Smith is a bright student.

Medical History: No prior medical history, Mr. Smith is of sound mind.

Psychiatric History: No prior medical history, Mr. Smith is of sound mind.

Substance Abuse History: Blood Alcohol Concentration (BAC) of 0.09% in Mr. Smith

Legal History: No prior legal history

Mental Status and Behavioral Observations: Mr. Smith is found to be in sound mind in his psychiatric evaluation

EVALUATION OF COMPETENCE TO STAND TRIAL

Criteria for Determining Competence to Stand Trial:

Under the U.S. Supreme Court decision in Dusky v. U.S., 362 U.S. 402 (1960) a defendant is found competent to stand trial if he has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding, and if he has a rational as well as factual understanding of the proceedings against him. The Supreme Court of the United States has issued several key rulings regarding CST. In 1960, the Court, in Dusky v. United States, set forth the standard to be used in federal courts. The Court ruled “the test must be whether the defendant has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and a rational as well as factual understanding of proceedings against him." The Dusky “test” had widespread influence on state laws governing CST. The practitioners applied the test to clinical evaluations, as they focused on defendants’ understanding of the roles of judges, prosecutors, juries, and defense counsel, and their understanding of the trial process.

Defendant’s Understandings of the Legal Process: CST performed on Mr. Matt Smith suggest that Mr. Smith is aware of this actions and he also understand the charges put against him.

Understanding of the Charges, Findings and Potential Consequences: Mr. Matt Smith understant that charges put against him is of punishable nature including jail time.

Understanding of the Trial Participants and Process: Mr. Smith understands that he will be put under trail where the testimony of his class mates along with Mrs. Jones and principal agong with Guard Mr. XXX will be put against Judge.

Ability to Assist Counsel in Preparing and Implementing a Defense: As report suggest Mr. Smith is well aware of his actions and is ready to put his defence via defence councellor.

Ability to Make Relevant Decisions Autonomously: Mr. Smith is of sound mind and is able to mae relevant decisions himself.

OPINIONS

Clinical Summary and Formulation: A number of studies of incarcerated juveniles have found the prevalence of psychiatric disorders, diagnosed from structured interviews or clinical assessments, to be three to five times higher than in the general population of young people (Chiles et al., 1980; Davis et al., 1991; Eppright et al., 1993; Hollander and Turner, 1985; Lewis et al., 1987; McManus et al., 1984a; McManus et al., 1984b; Miller et al., 1982; Shelton, 1998; Steiner et al., 1997; Timmons-Mitchell et al., 1997). Conduct disorder was present in over 80 percent of incarcerated youth (Davis et al., 1991; Eppright et al., 1993; Hollander and Turner, 1985; Timmons-Mitchell et al., 1997). This finding is not surprising because the criteria for a diagnosis of conduct disorder includes delinquent and criminal behavior, such as truancy, arson, theft, breaking and entering, and assault. Other psychiatric disorders found among detained and incarcerated young people included depressive disorders, attention deficit hyperactivity disorder (ADHD), and psychotic disorders. Studies also report many times more personality disorders, especially borderline personality disorder, among incarcerated youth than among the general population of young people. At least half of juvenile detainees also report substance abuse (Davis et al., 1991; Timmons-Mitchell et al., 1997).

After careful consideration of all facts and interview and interview of Mr. Matt Smith it has been found that Mr. Matt Smith having Blood Alcohol Concentration (BAC) of 0.09% has entered the Bennett Middle School property on 16.04.2020. Mr. Matt Smith have accepted the facts presented towards him and is remorsed on his actions. Mr. Smith is ready to face the charges. We found in our inquiry that Mr. Smith was facing some difficulty on 16.04.2020 on personal and educational grounds and got scolding and humiliated in front of whole class by Mrs. Jones. Mr. Jones got detention and his parents have been called for clarification. This put a great deal on his mind and resort to drink Alcohol. After drinking and under its influence he acted and ready to face penalty.

Forensic Opinion Regarding Competence to Stand Trial: It is utmost to give this opinion based on important questions. Thus my finding is :

Understanding of the charges and potential consequences:

The defendant’s understanding of

What the charges are called - YES

What specifically he/she is alleged to have done that warrants this/these charge(s) - YES

The relative seriousness of the charges - YES

Various basic verdicts - UNDERSTAND

The possible consequences of each of the possible verdicts - UNDERSTANDS

Understanding the trial process:

The defendant’s understanding of the relevant roles of trial participants and procedures as well as his/her beliefs about these matters in his/her own situation in terms of the following:

The adversarial nature of the trial process - YES

The advocacy role of the defense counsel in relation to the defendant, in contrast to the role of the prosecution - YES

The pleading and plea-bargaining process - YES

Functions and roles of the various participants in a formal trial hearing) judge, jury, defense counsel, prosecutor or DA, witnesses) - YES

The essential procedures of a formal trial hearing (i.e., prosecution presents case against defendant with evidence and witnesses, defense counsel presents defense with witnesses and evidence, judge rules on admissibility of evidence, instructs jury, jury deliberates and decides verdict, if guilty - judge sentences etc.) - YES

Ability to assist counsel:

The defendant’s ability

To trust his/her attorney - YES, COMPLETELY

To communicate relevant information to the attorney in a rational manner - YES

To rationally understand communications made by the attorney to the defendant - YES

To appraise the quantity and quality of evidence against the defense - YES

To be adequately motivated to assist the attorney in preparing a defense - YES

Decision making ability:

The defendant’s ability - SOUND MIND

To understand the implications of the waiver or assertion of the right to avoid self-incrimination - YES

To consider defense counsel’s advise in a rational manner - YES

To engage in the cognitive process of weighing simultaneously several options and consequences associated with pleas or plea-bargains - YES

To reach decisions without significant distortion due to mental illness - YES

If relevant, willingness or opposition to consider entering NGI plea (assessing the rationality of this decision) NA

Recommendations: Mr. Matt Smith have no prior history of criminal activity and is supporting fully on this case. He is also felling remorse of his actions this it is recommended that he sould be given Community service as penalty. He may be ordered to work a 120 number of hours in service to the local community.

Respectfully submitted,         

[XYZ]

Forensic Evaluator