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NCJRS Abstract

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NCJ Number: 51952 Find in a Library
Title: DEVELOPING LAW ON COMPETENCY TO STAND TRIAL
Journal: JOURNAL OF PSYCHIATRY AND LAW  Volume:5  Issue:2  Dated:(SUMMER 1977)  Pages:165-200
Author(s): R SLOVENKO
Corporate Author: Federal Legal Publications, Inc
Managing Editor
United States of America
Date Published: 1977
Page Count: 36
Sponsoring Agency: Federal Legal Publications, Inc
New York, NY 10007
Format: Article
Language: English
Country: United States of America
Annotation: THE CONTROVERSIAL NATURE OF THE PLEA OF COMPETENCY TO STAND TRIAL IS ILLUSTRATED THROUGH A SERIES OF CASE STUDIES. THE DEVELOPING LAW AND SUNDRY PROBLEMS ARISING UNDER THE PLEA ARE DISCUSSED.
Abstract: LACK OF COMPETENCY TO STAND TRIAL HAS BEEN INVOKED FOR PERSONS WHO WERE DEAF, BLIND, UNABLE TO SPEAK, MENTALLY INCOMPETENT, SUFFERING FROM HEART AILMENTS, OR OTHER HEALTH PROBLEMS. TO DATE EACH CASE HAS BEEN HANDLED INDIVIDUALLY. AS A RESULT, JUDICIAL PRECEDENT HAS VARIED FROM STATE TO STATE. ALTHOUGH COMPETENCY TO STAND TRIAL IS USUALLY THOUGHT OF AS A DEFENSE PLEA, PROSECUTING ATTORNEYS HAVE USED IT TO SECURE LONG-TERM COMMITMENT TO AN INSTITUTION FOR DEFENDANTS BELIEVED DANGEROUS BUT UNABLE TO STAND TRIAL DUE TO MENTAL OR PHYSICAL DISABILITY. CASES IN WHICH THE COURT ORDERED INSTITUTIONS TO PREPARE DEFENDANTS FOR TRIAL ARE ALSO EXAMINED. THE QUESTIONS OF DUE PROCESS, THE OBLIGATION OF SOCIETY TO OFFER A DEFENDANT A SPEEDY TRIAL, AND THE ETHICAL CONCERNS OF TRIAL POSTPONEMENTS FOR PERSONS SUFFERING FROM HEART CONDITIONS OR SIMILAR COMMON AILMENTS ARE ALL DISCUSSED. THE FOOTNOTES CONTAIN 82 REFERENCES, INCLUDING NEWSPAPER ARTICLES, CASE CITATIONS, RESEARCH STUDIES, AND PERSONAL CORRESPONDENCE WITH MENTAL HEALTH EXPERTS.
Index Term(s): Competency to stand trial; Insanity defense; Judicial decisions; Judicial process; Mentally ill offenders; Persons with physical disabilities; Right to Due Process
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51952

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