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“Re-Evaluating Competence To Stand Trial”, David Collins Jan 2018

“Re-Evaluating Competence To Stand Trial”, David Collins

Duke Law Master of Judicial Studies Theses

The current federal law governing a defendant’s competence to stand trial is substantially contained in 18 U.S.C. § 4241 that can be traced to a 1949 statute and, in Dusky v. United States, a three paragraph opinion of the Supreme Court, delivered in 1960. The federal statute was initially drafted by a committee of the Judicial Conference of the United States. Thus, material aspects of the federal tests for assessing a defendant’s competence to stand trial were composed by federal judges.

This paper explains why the current federal law concerning a defendant’s competence to stand trial ...


Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti Jan 2018

Innovative Justice: Federal Reentry Drug Courts – How Should We Measure Success?, Timothy D. Degiusti

Duke Law Master of Judicial Studies Theses

In response to the drug abuse and addiction epidemic in the United States, innovative ways of dealing with non-violent drug offenders within the criminal justice system began to emerge in the late 1980s. Special court dockets – commonly referred to as drug courts – were developed featuring an interdisciplinary team of criminal justice and mental health professionals, led by a presiding judge. Drug courts and other problem-solving courts have proliferated within the state court system, numbering 3,057 by the end of 2014. The use of such courts is expanding among the states, but the federal courts have been slow to adopt ...