Indian Journal of PsychiatryIndian Journal of Psychiatry
Home | About us | Current Issue | Archives | Ahead of Print | Submission | Instructions | Subscribe | Advertise | Contact | Login 
    Users online: 2414 Small font sizeDefault font sizeIncrease font size Print this article Email this article Bookmark this page
Search Again
 Back
 Table of Contents
 
 Similar in PUBMED
   Search Pubmed for
   Search in Google Scholar for
 Related articles
 Citation Manager
 Article Access Statistics
 Reader Comments
 Email Alert
 Add to My List
 * Requires registration (Free)
 

 Article Access Statistics
    Viewed1443    
    Printed22    
    Emailed0    
    PDF Downloaded237    
    Comments [Add]    

Recommend this journal

 
REVIEW ARTICLE
Year : 2016  |  Volume : 58  |  Issue : 6  |  Page : 187-190

Competence to stand trial: An overview


Department of Psychiatry, Division of Law, Ethics, and Psychiatry, Columbia University College of Physicians and Surgeons, New York, USA

Correspondence Address:
Steven K Hoge
Department of Psychiatry, Division of Law, Ethics, and Psychiatry, Columbia University College of Physicians and Surgeons,420 Madison Avenue, Suite 801, New York, NY 10017
USA
Login to access the Email id

Source of Support: None, Conflict of Interest: None


DOI: 10.4103/0019-5545.196830

Rights and Permissions

The legal concept of competence to stand trial has ancient roots. The history of this legal construct in Anglo-Saxon law will be reviewed. A competent defendant is a requirement of the criminal justice system because it reflects interests related to the dignity of the process, the accuracy of adjudication, and respect for the autonomy of defendants. In the United States, legal decisions have established the contours of the requirements related to competent participation in adjudication. Forensic psychiatrists have operationalized the requirements for assessment purposes. Recent decisions in the United States have expanded earlier notions of competence to include decision-making during the course of adjudication. These decisions will be reviewed. The process of clinical evaluation, the use of collateral information, and other aspects of expert opinion formation will be reviewed. In addition, the special problems posed by amnesia, pro se defendants, competence to plead insanity, and unrestorable defendants will be discussed. The use of standardized assessment tools will also be reviewed. The application to the Indian criminal justice system will be discussed.



[FULL TEXT] [PDF]*

        

Print this article         Email this article