title: Do defense attorney referrals for competence to stand trial evaluations depend on whether the client speaks English or Spanish?
abstract: Criminal defense attorneys (N = 142) responded to a survey asking them to read a vignette describing a Hispanic defendant charged with assault and rate the severity of the defendant's mental illness and likelihood of referring him for an evaluation of competence to stand trial (CST). The vignettes varied in terms of whether the defendant spoke English or Spanish, and whether his mental illness symptoms were obvious or ambiguous. Overall, attorneys rated the Spanish-speaking defendant as less mentally ill than the English-speaking defendant, and were less likely to refer the Spanish-speaking defendant for a CST evaluation. Attorneys who perceived more logistical barriers to seeking a CST evaluation in their local communities were less likely to refer the defendant for a CST evaluation, but only when the defendant spoke Spanish. These findings suggest attorney decisions were influenced by language, although further research is needed to identify the mechanism of this influence.
authors.affiliation: Department of Psychology and Philosophy, Sam Houston State University, Huntsville, TX 77341, USA. jgv002@shsu.edu
authors.forename: Jorge G
authors.initials: JG
authors.lastname: Varela
authors.forename: Marcus T
authors.initials: MT
authors.lastname: Boccaccini
authors.forename: Ernie
authors.initials: E
authors.lastname: Gonzalez
authors.forename: Laadan
authors.initials: L
authors.lastname: Gharagozloo
authors.forename: Shara M
authors.initials: SM
authors.lastname: Johnson
mesh_terms: D000328:Adult; D003142:Communication; D003416:Criminal Law; D005260:Female; D006801:Humans; D007802:Language; D033241:Lawyers; D008297:Male; D016743:Mental Competency; D001523:Mental Disorders / Q000175:diagnosis; D008875:Middle Aged; D011329:Prisoners / Q000523:psychology*; D012017:Referral and Consultation