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Examinations of competency to stand trial foundations in mental health case law by Richard I. Frederick

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Published by Professional Resource Press in Sarasota, Fla .
Written in English



  • United States.


  • Competency to stand trial -- United States.,
  • Forensic psychiatry -- United States.,
  • Forensic psychology -- United States.

Book details:

Edition Notes

Includes bibliographical references.

StatementRichard I. Frederick, Richart L. DeMier, Karin Towers.
ContributionsDeMier, Richart L., 1962-, Towers, Karin, 1970-
LC ClassificationsKF9242 .F74 2004
The Physical Object
Paginationx, 262 p. ;
Number of Pages262
ID Numbers
Open LibraryOL3689914M
ISBN 101568870841
LC Control Number2003058422

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Competency to stand trial is a concept of jurisprudence allowing the postponement of criminal proceedings for those defendants who are considered unable to participate in their defense on account of mental or physical disorder or retardation. Because trial competency issues are raised substantially more often than the insanity defense. The court held that since his competency to stand trial was never challenged, the issue of whether he was entitled to waive competency to stand trial was properly not considered. Common principles. Although Dusky v. United States affirmed the right to a competency evaluation, the specifics of the evaluation remain ambiguous. Each evaluator must. Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. If, following the hearing, the court finds that the defendant will not attain competency without involuntary medication, it may order such medication if it finds by clear and convincing evidence that: 1. to a reasonable degree of medical certainty, involuntary medication will .

this book. E ˜˚˛˝˙ˆ˝ A A competency to stand trial determination is different from a occasion for judicially-ordered psychiatric examinations or competency hearings of witnesses none, at least, on the theory that a preliminary determination of competency must be made by the district court. If the court finds the witness. Examinations of Competency to Stand Trial is intended to explain how the courts construe competency. The authors make it clear in the introduction that this is not a "how to evaluate" book. They want us to understand the thinking of the courts regarding various issues of competency. (1) the defendant is clinically ready and can be safely transferred to a competency restoration program for education services but has not yet attained competency to stand trial; (2) the defendant has attained competency to stand trial; or (3) the defendant is not likely to attain competency in the foreseeable future. Competency to stand trial. (a) Definitions. As used in this section: (1) "Attorney for the state" means the attorney general, an authorized assistant attorney general, or such other person as may be authorized by law to act as a representative of the state in a criminal proceeding; (2) "Competent" or "competency" means mental ability to stand.

Examinations of Competency to Stand Trial: Foundations in Mental Health Case Law. by Richard I. Frederick, Karin Towers, Richart L. DeMier | Read Reviews. Paperback. Current price is, Original price is $ You. Buy New $ Buy Used Publish your book with B&N. Learn $ Judges’ Guide: Handling Cases Involving Persons with Mental Disorders _____ COMPETENCY TO PROCEED FLOWCHART 1. Competency for Legal Proceedings Flowchart INITIATION OF INQUIRY AND EXAMINATION Competency may be raised at any time May be raised by prosecutor, defense, or judge Court issues order for competency examination (Court Form CR). Sep 01,  · This Resource was reviewed and approved by the Council of the American Academy of Psychiatry and the Law on May 21, Thus, it reflects a consensus among members and experts about the principles and practice applicable to the conduct of evaluations of competence to stand by: Evaluation and Commitment of Criminal Defendants and Insanity Acquittees Scope Note This chapter discusses the situation where a defendant’s competence to stand trial or criminal responsibility is at issue. It presents an outline of the substantive law and procedural re-quirements applicable in criminal proceedings. § INTRODUCTION.