Week Four Individual Assignment
Brandy Bartlett
27 July 2012
Professor Marie Cesar

In recent decades psychological evaluation has played an increasingly important role in the American system of justice and in legal thought. Psychology has come to influence the modern American legal system in several ways. Meyer & Chapman point out some of the most common ways psychological evaluation has shaped the modern legal landscape: “evaluating criminal responsibility, competency to stand trial, or competency to handle one’s affairs; gauging potential dangerousness and its relationship to involuntary civil commitment; and the appraisal of honesty or truth telling by participants in the criminal justice system” (2009).
Defendant Issues Many psychological issues with respect to criminal defendants have been acknowledged by the courts as legitimate considerations. Chief among such considerations is the court’s ability to assign criminal responsibility. Courts consider a defendant’s competency in several areas to determine his ability to stand trial, his ability to comprehend the charges levied against him, and the extent to which he is able to testify and assist in his own defense (Meyer & Chapman, 2009). A defendant must make several important decisions in his criminal proceedings, and the court will evaluate the extent to which he is mentally apt to make such decisions. The courts have ruled that a person accused of a crime must be shown to be competent to make certain decisions: the defendant must be competent to consent to a psychological evaluation, stand trial, plead guilty, waive counsel, and knowingly waive his Miranda rights (remaining silent and having an attorney present when he is questioned by the police). Evidence may be suppressed if it is determined that a person’s Miranda rights were violated when evidence was gathered by police