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

Law Commons

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

Articles 1 - 2 of 2

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 ...


Paradigms Of Restraint, Erin Murphy Mar 2008

Paradigms Of Restraint, Erin Murphy

Duke Law Journal

Incapacitation of dangerous individuals has conventionally entailed the exercise of physical control over an actual body: the state confines the person in jail. But advances in technology have changed that convention. A variety of new technologies-such as GPS tracking bracelets, biometric scanners, online offender indexes, and DNA databases-give the government power to control dangerous persons without relying on any exertion of physical control. The government can track the location of a person in real time, receive remote notification that an individual has ingested alcohol, or electronically zone someone into a home or out of a public park. It can prove ...