Competency to stand trial evaluations must address psychological issues and factors that may impact upon the defendant's ability to assist in their own defense. It is not enough to determine the presence or absence of mental illness or mental defect. A finding of mental retardation is also not enough to indicate that the defendant is not competent to stand trial. Information gleaned from psychological testing and clinical interviews must be evaluated in light of the defendant's current ability to assist their attorney in their defense. Because of this, it is the defendant's current psychological and emotional functioning that is important.
Dr. Kitchen utilizes standard psychological tests that meet the legal criteria under the Daubert standard. He also utilizes specific forensic tests and procedures designed to elicit more specific information regarding the defendant's ability to stand trial. Best practices standards within the Forensic psychological community require that multiple data points be utilized in determining the client's ability to assist in their defense. Because of this, Dr. Kitchen utilizes at least some, if not all of the following procedures.
Clinical Interview Personality tests Intellectual tests (if appropriate) Forensically specific tests Review of court records Review of police reports Educational records (if available) Mental health records (if available) Interviews with third parties (if available or appropriate)