Whittemore K E, Ogloff J R
Simon Fraser University, Burnaby, British Columbia.
Can J Psychiatry. 1994 May;39(4):198-210. doi: 10.1177/070674379403900402.
The issue of competency arises at various stages of criminal proceedings in an effort to protect those individuals who are unable to participate in the legal process. The competency question is a legal issue ultimately decided by a judge. However, mental health professionals are often called upon to provide insight into an individual's level of competence. To date, the standards by which an individual is found competent have remained far from clear. This creates a problem for clinicians who are requested to make competency evaluations. This article addresses the competency issues as they arise at various stages of legal proceedings in order to determine the standards that are applied by the courts. Furthermore, given the importance placed on mental health evaluations of competency, the role of mental health practitioners will be addressed as it pertains to the competency question at each juncture in the criminal justice system.
在刑事诉讼的各个阶段都会出现行为能力问题，目的是保护那些无法参与法律程序的个人。行为能力问题是一个最终由法官决定的法律问题。然而，心理健康专业人员经常被要求对个人的行为能力水平提供见解。迄今为止，判定个人具有行为能力的标准仍远未明确。这给被要求进行行为能力评估的临床医生带来了一个问题。本文探讨了在法律程序的各个阶段出现的行为能力问题，以确定法院适用的标准。此外，鉴于对行为能力的心理健康评估的重视，将阐述心理健康从业者在刑事司法系统每个环节中与行为能力问题相关的作用。
