Competency to Stand Trial Evaluations

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Competency to Stand Trial Evaluations 

Forensic Psychology Expert - Competency to Stand Trial Illinois, Georgia, Florida

Dr. Steven Gaskell | Competency to Stand Trial Forensic Psychologist - Expert Witness

At Psycholegal Assessments, Inc., we specialize in conducting thorough competency to stand trial or fitness to stand trial evaluations for individuals involved in legal proceedings. Our services are available in Illinois, Georgia, Florida, Arizona, and Kansas.  Referrals from other states will be reviewed on a case by case basis. We offer in-person assessments at our offices in Naperville (Chicago), Atlanta, and Fort Lauderdale.  Evaluations are also offered through secure, HIPAA-compliant online video evaluations via Doxy.me or Zoom.

Understanding Competency to Stand Trial

A competency to stand trial or fitness to stand trial evaluation determines whether a defendant possesses the mental capacity to:

  • Comprehend the nature and consequences of the legal proceedings.

  • Effectively assist their attorney in preparing a defense.

If a defendant is found incompetent, they may undergo treatment aimed at restoring competency. Should restoration be unsuccessful, legal outcomes may include dismissal of charges or commitment to a mental health facility.

Competency to Stand Trial Psychological Evaluation - Psycholegal Assessments, Inc.

In Fitness to Stand Trial or Competency to Stand Trial, to understand the proceedings, a defendant must be able to comprehend the charges against them and the penalties if convicted. They must also have some level of understanding of courtroom procedure and the functions of those who participate in it.

To cooperate with counsel, a defendant must

  1. Be able to plan a legal strategy,
  2. Be able to recall and relate pertinent facts and events, including motives and actions at the time of the offense,
  3. Be able to testify in their behalf and to challenge prosecution witnesses.

Key Components of the Competency Evaluation

Our comprehensive competency to stand trial evaluations assess:

  • Understanding of Legal Proceedings: Ability to grasp charges, potential penalties, courtroom procedures, and roles of legal personnel.

  • Capacity to Assist Counsel: Ability to communicate effectively with defense counsel, recall pertinent facts, and participate in strategy development.

  • Mental Health Assessment: Identification of any mental disorders, cognitive impairments, or psychological conditions affecting competency.

  • Malingering Evaluation: Assessment for potential exaggeration or fabrication of symptoms.

  • Restoration Potential: Evaluation of the likelihood that treatment could restore competency.

Expertise of Dr. Steven Gaskell

Dr. Steven Gaskell brings extensive experience to competency to stand trial or fitness to stand trial evaluations:

  • Licensed Psychologist: Practicing in Illinois, Georgia, Florida, Arizona, and Kansas.

  • Dr. Steven Gaskell is a holder of the PSYPACT Authority to Practice Interjurisdictional Telepsychology (APIT) which allows him to provide competency to stand trial evaluations by telehealth across 39 States

  • Forensic Experience: Over 2,900 forensic psychological assessments conducted, including more than 850 competency evaluations.

  • Courtroom Testimony: Dr. Gaskell has provided expert witness testimony in court on pretrial issues such as Competency to Stand Trial or Fitness to Stand Trial on numerous occasions.  

Competency to Stand Trial  Evaluations

Service Areas

Psycholegal Assessments, Inc. provides competency to stand trial evaluations or fitness to stand trial evaluations in the following locations:

  • Chicago, Illinois and throughout IllinoisCompetency to Stand Trial Psychological Evaluations

  • Atlanta, Georgia and throughout Georgia

  • Fort Lauderdale, Florida and throughout Florida

  • Arizona (statewide)

  • Kansas (statewide)

  • Other States: Evaluations available upon request and these can be completed in person or over secure videoconferencing.  Dr. Steven Gaskell is a holder of the PSYPACT Authority to Practice Interjurisdictional Telepsychology (APIT) which allows him to provide competency to stand trial evaluations by telehealth across 39 States

Schedule a Competency to Stand Trial Evaluation

To learn more about our competency to stand trial or fitness to stand trial evaluation services or to schedule an appointment, please contact us. We offer flexible scheduling and remote assessment options to accommodate your needs.

For other types of expert forensic psychological evaluations refer to https://psycholegalassessments.com/


Areas of Expertise


Competency to Stand Trial Psychological Evaluation - Psycholegal Assessments, Inc.
Competency to Stand Trial
Competency to Stand Trial, also known as Fitness to Stand Trial, is imperative for ensuring that a defendant can comprehend the nature and objective of the legal actions against them and actively cooperate with their defense attorney.
Sex Offender Psychosexual Evaluation
Psychosexual Evaluations
Psychosexual evaluations of sex offenders incorporate a comprehensive risk assessment utilizing actuarial instruments and other research-supported risk and protective factors. Notably, recidivism rates vary among sex offenders, with a significant portion never being re-convicted post-initial conviction.
Criminal Responsibility Psychological Evaluations - Psycholegal Assessments, Inc.
Criminal Responsibility
Criminal responsibility or sanity evaluations are critical when a defendant’s mental state at the time of committing an offense is in question. These evaluations can be initiated by the court, defense, or prosecution to establish a clear understanding of the defendant’s mental condition during the crime.
Independent Medical Examination Psychological Evaluation - Psycholegal Assessments, Inc.
Independent Medical Exam
An Independent Medical Exam is conducted by a psychologist without prior involvement in the individual’s care, ensuring an objective assessment without a therapist-patient relationship.
Miran
Miranda Rights & Confession Issues
The role of confessions and self-incriminating statements in criminal cases cannot be understated. Confessions are produced in about 50% of criminal cases, where suspects who provide self-incriminating statements are 26% more likely to be found guilty and convicted (Leo, 2006).
Malingering and Deception
Malingering and Deception
In the legal realm, psychological assessments can be compromised by malingering or deception, with individuals potentially presenting themselves dishonestly during interviews and tests to influence the outcome.
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Mitigating Factors
Mitigating factors consider the defendant’s mental state and historical mental disorders or psychological trauma, even when these do not qualify for an insanity defense, to argue for a reduced sentence. The contributions of evaluations and reports by experts like Dr. Steven Gaskell are vital for presenting such evidence.
Guilty But Mentally Ill Psychological Evaluation - Psycholegal Assessments, Inc.
Guilty But Mentally Ill (GBMI)
Introduced first in Michigan in 1975, the GBMI verdict was proposed to diminish the success rate of insanity defenses, offering a compromise verdict that, while seemingly compassionate, subjects the defendant to the same penalties as a guilty verdict.

Video Conferencing Available!

Psychological evaluations are now able to be completed by HIPAA compliant video conferencing.
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