Date of Award

2019

Document Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

Department

Psychology

Abstract

Forensic evaluators receive training on multicultural assessment and most forensic assessment textbooks include guidelines addressing multicultural issues, but there is little research examining how race/ethnicity and linguistic differences may impact competency to stand trial evaluations. There is a need for research to better understand the needs of Hispanic individuals who are among the fastest growing populations in the United States. Prior studies suggest that clinicians may diagnose African American defendants and Hispanic individuals with a more severe diagnosis when compared to Caucasian individuals. When defendants communicate in their secondary language or require the use of an interpreter it may impact their clinical presentation, how examiners perceive impairment, and how defendants communicate with examiners during an evaluation. Using a sample from a competency restoration program, this study found that defendants who are foreign-born, are non-English speakers, or required the use of an interpreter were more likely to be found incompetent when compared to native-born and English-speaking defendants. However, there was no difference in competency decisions based on race/ethnicity. The issue of language presents several challenges to examiners when working in the legal arena. They are often faced with lacking culturally and linguistically equivalent forensic assessment instruments and may have limited training and guidance in assessing linguistically diverse populations. There is a need for more research exploring factors influencing competency evaluations with non-English speakers and defendants with immigration histories.

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