Competence, however, is both context-determinative and functional in nature. The evaluator must insist on being given specific information relating to the functions that the defendant is expected to perform. The evaluator must then assess the defendant's measurable skills in the light of those specified functions and articulate his findings to the court in terms of the skills and functions rather than in terms of conclusory legal labels. Competence is then best determined by the court as a legal, not a mental, health decision under the somewhat nebulous but nonetheless appropriate criterion of 'fundamental fairness' in the light of the defendant's mental state. (Author abstract)