PSYC 379 Lecture Notes - Lecture 10: Executive Functions, Malingering, Mood Disorder

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If competence is returned either through resolution of symptoms or intervention designed to restore competence, possible to proceed with the trail. Areas of competency: competence to, stand trial, waive miranda rights, waive right to counsel, plead guilty, and capacity to consent to treatment. 2: must relate back to whether it interferes with the ability to assist counsel or to testify to the facts of the case. Intellectual and developmental disabilities: could impair individuals ability to communicate with counsel or understand the court proceedings. Restoration of competency to stand trial: psychotropic medication, educational programs designed to increase understanding of legal process, but sometimes treatment will cause an unreasonable delay, alternative to treatment. Individual treatment: provisional trials for possibly competent individuals (proceed with trial) In canada, 11% of those remanded for an assessment of fitness to stand trail were ultimately determined to be unfit.

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