The Role of Cognitive Assessment in Determining Fitness to Stand Trial

Abstract

Cognition is often discussed as being of fundamental importance to an accused person's fitness to stand trial (FST); however, there is limited empirical research in this area and no known published research within Australia. The aim of the present paper was to investigate the current practices of experts conducting FST assessments in Australia and to examine the role of cognition in these determinations. Expert reports (328) for 135 accused deemed unfit to stand trial between 2005 and 2010 in New South Wales (NSW) were examined. Collected data included the cognitive domains assessed, assessment techniques employed, the relationship between cognition and the Presser criteria, and demographic information. Results supported the hypothesis that cognition plays an important role in FST, in particular attention and memory; although there was significant variability in the practices and assessment methods of assessors. Results indicate a need for further research investigating the relationship between cognition and FST; as well as training and education for psychologists conducting FST assessments in Australia.

Keywords:

• Cognition
• fitness to stand trial
• adjudicative competency
• forensic assessment
• forensic neuropsychology

Acknowledgments

We would like to thank the Mental Health Review Tribunal of New South Wales (NSW) for permission to conduct the study and providing access to relevant case files. We also wish to thank Dr. Naomi Sweller, Macquarie University, for her assistance with the statistical analyses. This manuscript is based on research conducted as part of the first author's combined PhD/Masters of Clinical Neuropsychology Degree at Macquarie University, and was presented at the Australian Psychological Society's College of Forensic Psychology Conference, 4-6 August, 2011, Noosa, Queensland Australia. Dr. Pulman has provided expert opinion for the prosecution and defense in criminal cases in NSW.