Competency Restoration

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Assignment 2: Competency Restoration

If criminal defendants are deemed incompetent to face a trial, they have the right to have their competency restored since they cannot be released without having a trial and they cannot be held indefinitely without being given the opportunity to become competent. Accordingly, it is important to state how they will be restored to competency.

Create a 3- to 4-page paper in a Microsoft Word document answering the two parts of this assignment.

Part 1:

CST has long been a sought-out legal procedure. Identify a landmark case decision that has played a factor in this process and address the following issues:

  • Explain the process of competency restoration.
  • Describe why the process of competency restoration is important.
  • Discuss one landmark case decision that has played a role in the process of restoration.

Part 2:

Elaborate on your discussion by including the process of restoration in the forensic arena.

In your report, address the following:

  • Identify the appropriate APA ethical codes and the specialty guidelines for forensic psychologists that may apply to the process of restoration.
  • Examine the limits to confidentiality.
  • Identify the factors that might impede competency restoration.

Your responses should rely upon at least three scholarly resources from the professional literature that are cited in APA format. The literature may include the Argosy University online library resources; relevant textbooks; peer-reviewed journal articles; and websites created by professional organizations, agencies, or institutions (.edu and .gov).

Submission Details:

  • By the due date assigned, save your paper as M2_A2_Lastname_Firstname.doc and submit it to the Submissions Area.
Assignment 2 Grading CriteriaMaximum Points
Explained the process of competency restoration.

16

Described why the process of competency restoration is important.

14

Discussed one landmark case on competency restoration.

14

Identified the appropriate APA ethical codes and the specialty guidelines on the process of competency restoration.

12

Examined the limits to confidentiality.

12

Identified the factors that might impede competency restoration.

12

Wrote in a clear, concise, and organized manner; demonstrated ethical scholarship in accurate representation and attribution of sources; displayed accurate spelling, grammar, and punctuation.

20

Total:

100

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Explanation & Answer

Attached.

Running Head: COMPETENCY RESTORATION

Competency Restoration
Student’s name:
Course title:
Instructor’s name:
Date of submission:

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COMPETENCY RESTORATION
Competency Restoration
Competency restoration occurs when a person who is supposed to be tried in a court of law
is found unfit for such an action due to mental illness or intellectual disability (Patricia & Ronald,
2011). In such an occurrence the defendant’s competency has to be restored before the legal
proceedings can resume. A restored and competent individual must be able to consult with his
legal team while demonstrating a rational and factual understanding of legal proceedings.
Restoration process should occur in averagely four months. There are several competency
restoration options such as outpatient competency restoration option as well as jail-based
competency restoration program (Patricia & Ronald, 2011). Outpatient competence restoration
model is significantly applied compared to other options. Mental health practitioners play a crucial
role in the competency restoration programs to enable defendants develop/regain their ability in
making informed decisions as far as standing on trial is concerned.
Importance of Competency restoration Process
Every suspected criminal deserves to go through a fair trial in the criminal justice system.
It is therefore unfair to try a person who is unable to make decisions concerning his or her trial due
to mental illness or intellectual inability (Patricia & Ronald, 2011). The process of competency
restoration, therefore, plays a crucial role in ensuring that such inequality gaps in the criminal
justice system are closed. The process enables the accused defendants to understand th...


Anonymous
Just what I needed…Fantastic!

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