Competency to Stand Trial (CST) and Cognitive Disorders in New Mexico

• In Event: Crime and Justice in the Land of Enchantment (New Mexico)

Abstract

Determining a defendant’s competency to stand trial (CST) continues to be one of the largest challenges faced by the criminal courts system. This chapter will introduce the impact of cognitive disorders on the justice system and focus on the relationship between CST and these disorders. Next, it will discuss ways in which New Mexico is progressive in this area of law and procedure. Finally, the chapter will identify the areas still needing improvement in our understanding of these issues both in the state and nationwide.

While the concept of examining whether someone has a factual and rational understanding of the court process and can assist in their own defense may seem straightforward, it is actually a nuanced, difficult-to-examine concept. This is especially true for cognitive disorders (e.g. intellectual disability, traumatic brain injury). There is a dearth of education, understanding, and training on how cognitive disorders can impact one’s ability to go through the court process, especially for forensic psychologists, whose training and education often focus on psychosis rather than cognitive deficits. We identify some of the social and legal dynamics unique to New Mexico within the CST context.

Authors

• Julie Brovko, Gold Standard Forensics

• Sara Millspaugh, Gold Standard Forensics

• Simone Viljoen, Gold Standard Forensics