Mental health exams at forefront of local court cases
Observer-DispatchFeb 03, 2019
All three were accused of local, high-profile homicides within the last two years. And all three either received or requested a "730 examination" -- often one of the first steps toward a mental health defense.
The 730 examination is a psychological exam given to criminal defendants before they stand trial. It does not determine a person's mental state at the time of the alleged crime, but rather whether they are capable of understanding the charges against them and assisting with their own defense.
There are many factors that go into preparing the final, court-ordered report once one is ordered. And the outcome could allow the case to proceed or put it on hold indefinitely.
Clinical psychologist Dr.
On average, he said, he completes four to five examinations a month in
"If there are questions about their ability to understand what's going on," an examination is ordered, Stang said.
"I have to determine whether the individual can assist in their own defense, whether they have the ability to understand the charges and work with an attorney."
Completing the review
By state law, there have to be two independent psychologists reviewing the defendant and making a report.
After the reviews are completed, they are shared with the court and all attorneys in the matter. The report is due before the defendant returns for their next court appearance.
"If both psychologists agree, we accept it,"
While seeking justice is the goal, McNamara added that both prosecutors and defense attorneys want the same thing for defendants with legitimate mental illness: to "get them into a mental health treatment situation where they can get the help they may need."
Stang said sometimes it's obvious that the person's competency is in question after only a few minutes. Other times, it's more complicated and the session with the defendant lasts longer.
If the person is found not to be competent, efforts to restore them to competency are made; and if they're successful, the defendant does eventually stand trial. Stang said that his part in the process, however, is limited to the court-ordered examination, and he's not involved with treatment if it's found necessary.
Recent cases
Naythen Aubain, 29, of
However, after a 730 examination and follow-up
When that trial began in December, she and her attorney mounted a not guilty plea by reason of a mental defect defense, but ultimately a jury convicted the 25-year-old of second-degree murder and fourth-degree criminal possession of a weapon. She faces up to 25 years in state prison when she's sentenced
More recently, a
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