NCJ Number
51952
Journal
Journal of Psychiatry and Law Volume: 5 Issue: 2 Dated: (SUMMER 1977) Pages: 165-200
Date Published
1977
Length
36 pages
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.