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(p. 1) Introduction 

(p. 1) Introduction
(p. 1) Introduction

Steve Rubenzer

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date: 14 April 2021

This chapter introduces the reader to negative response bias—malingering, feigning, and lack of cooperation, and their prevalence in competency to stand trial evaluations. The chapter cites a number of studies that examined the rate of feigning in competency assessments and identifies factors that are likely to affect the base rate of feigning. Styles of negative response bias are also discussed, as is the possibility that a legitimately mentally ill defendant might deny psychiatric problems. Finally, the chapter summarizes recent legal decisions, from both state and federal jurisdictions, that comment on feigning or malingering in the context of a CST evaluation or hearing.

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