Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

PDF

Capacity and disability

Articles 1 - 1 of 1

Full-Text Articles in Law

“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 ...