Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Criminal Law (8)
- Disability Law (6)
- Law and Psychology (6)
- Criminal Procedure (5)
- Constitutional Law (4)
-
- Courts (4)
- Social and Behavioral Sciences (4)
- Civil Rights and Discrimination (3)
- Clinical Psychology (3)
- Psychology (3)
- Criminology and Criminal Justice (2)
- Juvenile Law (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Studies (2)
- Medical Jurisprudence (2)
- Medicine and Health Sciences (2)
- Mental and Social Health (2)
- Behavior and Behavior Mechanisms (1)
- Civil Procedure (1)
- Common Law (1)
- Education (1)
- Educational Psychology (1)
- Evidence (1)
- Family Law (1)
- Fourteenth Amendment (1)
- Fourth Amendment (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- Immigration Law (1)
- Institution
-
- University of Miami Law School (4)
- New York Law School (3)
- City University of New York (CUNY) (2)
- Golden Gate University School of Law (2)
- Selected Works (2)
-
- SelectedWorks (2)
- University of Oklahoma College of Law (2)
- Washington and Lee University School of Law (2)
- Antioch University (1)
- Case Western Reserve University School of Law (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Duke Law (1)
- Louisiana State University Law Center (1)
- Osgoode Hall Law School of York University (1)
- Pepperdine University (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Nevada, Las Vegas (1)
- Publication Year
- Publication
-
- University of Miami Law Review (4)
- Articles & Chapters (3)
- Golden Gate University Law Review (2)
- Oklahoma Law Review (2)
- Alaska Law Review (1)
-
- All Faculty Scholarship (1)
- Andrea L. Dinsmore (1)
- Antioch University Dissertations & Theses (1)
- Case Western Reserve Law Review (1)
- Christopher Slobogin (1)
- Cornell Journal of Law and Public Policy (1)
- Dissertations, Theses, and Capstone Projects (1)
- Faculty Articles (1)
- John H. Blume (1)
- Journal of Law and Health (1)
- Kentucky Law Journal (1)
- Louisiana Law Review (1)
- Michael W Hanley (1)
- Osgoode Hall Law Journal (1)
- Pepperdine Law Review (1)
- Publications (1)
- Scholarly Articles (1)
- Student Theses (1)
- Touro Law Review (1)
- UNLV Theses, Dissertations, Professional Papers, and Capstones (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 30 of 33
Full-Text Articles in Law
The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe
The Association Between Mental Health Diagnoses And Trial Competency Assessments In Defendants: A Meta-Analysis, Danielle C. Severe
Student Theses
In the realm of trial competency evaluations, there are a variety of methods used to evaluate whether an individual is fit to stand trial. Presently, forensic psychologists conduct trial competency evaluations in order to assess one’s ability to stand trial, but for persons with a mental health diagnosis, the generic competency measures are not the most effective means to assess one’s ability to stand trial, as mental health diagnoses impair cognitive functions that are required in judicial proceedings. Forensic psychologists have opted to utilize other assessment methods such as the MacArthur Competence Assessment Tool – Criminal Adjudication [MacCAT-CA] and Fitness …
Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
Remarkably, there has been minimal academic legal literature about the interplay between fetal alcohol syndrome disorder (FASD) and critical aspects of many criminal trials, including issues related to the role of experts, quality of counsel, competency to stand trial, the insanity defense, and sentencing and the death penalty. Nor has there been any literature about the interplay between FASD-related issues and the legal school of thought known as therapeutic jurisprudence.
In this article, the co-authors will first define fetal alcohol syndrome and explain its significance to the criminal justice system. We will then look at the specific role of experts …
My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch
My Brain Is So Wired; Neuroimaging's Role In Competency Cases Involved Persons With Mental Disabilities, Michael L. Perlin, Alison Lynch
Articles & Chapters
In this article, we consider the therapeutic jurisprudence implications of the use of neuroimaging techniques in assessing whether a defendant is competent to stand trial, a topic that has been the subject of no prior legal commentary. Recent attention paid to neuroscience in the criminal process has focused on questions of mitigation and competency to be executed, but the potential of such evidence transcends these areas.
There has been almost no attention paid to its potential impact on a critical intersection between the criminal trial process and inquiries into mental or psychological status: a defendant’s trial competency. Less than a …
Delusional Disorder: Treatment And The Restoration Of Adjudicative Competence, Martin Kassen
Delusional Disorder: Treatment And The Restoration Of Adjudicative Competence, Martin Kassen
Dissertations, Theses, and Capstone Projects
Delusional disorder has long been recognized in the psychiatric nomenclature, however, low prevalence rates and prevailing clinical views about the seemingly refractory nature of delusional disorder have restricted data on clinical treatment outcomes for this illness. Similar perspectives have been noted in forensic settings where minimal data is available to guide standards of care for incompetent to stand trial (IST) delusional pretrial defendants. Rationale. While the factors explicated in Sell provide guidelines for the involuntary medication of defendants found IST, numerous questions are left unanswered regarding the restorability of pretrial delusional detainees. The proposed study investigated the competency restoration rates …
Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin
Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
This paper, presented to the mid-winter meeting of the National Association of Criminal Defense Lawyers (Austin, TX, 2/18/16), explains why it is essential for lawyers representing criminal defendants with mental disabilities to understand the meanings and contexts of sanism - a largely invisible and largely socially acceptable irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry - and pretextuality - the means by which courts regularly accept (either implicitly or explicitly) testimonial dishonesty, countenance liberty deprivations in disingenuous ways that bear …
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
John H. Blume
No abstract provided.
Assessment Of Competence Restoration: Determining The Threshold, Andrea L. Dinsmore
Assessment Of Competence Restoration: Determining The Threshold, Andrea L. Dinsmore
Andrea L. Dinsmore
Discusses the legal precedent and research basis of evaluating a defendant's mental competency to stand trial, the variables that contribute to non-restorable incompetence to stand trial, and the differences between patients who are restorable to competency versus those who are not restorable to competency.
Juvenile Competency Adjudication In California Criminal Court, Michael W. Hanley
Juvenile Competency Adjudication In California Criminal Court, Michael W. Hanley
Michael W Hanley
Legal issues are examined vis-à-vis an empirical case study of a criminal judicial proceeding where an alleged juvenile offender was charged with serious crimes in an adult court venue. The issue litigated before a 12-member jury was not the substantive merits of guilt or innocence of the alleged criminal conduct, but whether the juvenile offender was statutorily and constitutionally competent to stand trial. The following is a succinct account of the procedural and substantive constitutional and statutory rules attributed to legal competency to stand trial and how they were recognized and applied in the government’s case against an alleged juvenile …
The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock
The Effects Of The Jccs Curriculum On Juveniles' Legal Knowledge, Competency, And Anxiety, Leslie Strasser Murdock
UNLV Theses, Dissertations, Professional Papers, and Capstones
Current law requires that juveniles be competent to stand trial prior to their involvement as defendants in court. According to Dusky v. US, a defendant must have a rational and factual understanding of the court proceedings to be deemed competent to stand trial. Past studies call into question whether juveniles at any age could meet the understanding element of the standard articulated in Dusky v. US (1960). Additionally, youth with disabilities have less knowledge than their typical peers. Besides a lack of legal knowledge, court related anxiety has also been found to have a significant effect on youths going to …
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
Sell V. United States: Is The Supreme Court Giving A Dose Of Bad Medicine?: The Constitutionality Of The Right To Forcibly Medicate Mentally Ill Defendants For Purposes Of Trial Competence, Dina E. Klepner
Pepperdine Law Review
No abstract provided.
Sell's Conundrums, Christopher Slobogin
Sell's Conundrums, Christopher Slobogin
Christopher Slobogin
The Supreme Court’s decision in Sell v. United States surprised most observers by holding that the situations in which the state is authorized to forcibly medicate a criminal defendant to restore competency to stand trial "may be rare." This essay argues to the contrary that, wittingly or not, Sell created three exceptions to the right to refuse (the dangerousness, incompetency and serious crime exceptions) that virtually swallow the right, at least when the medication is "medically appropriate." The essay explores the scope of these exceptions and the dispositions available in those rare circumstances when none of them is met. It …
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Achieving Fundamental Fairness For Oklahoma's Juveniles: The Role For Competency In Juvenile Proceedings, Mary Sue Backus
Oklahoma Law Review
No abstract provided.
The Mentally Disordered Criminal Defendant At The Supreme Court: A Decade In Review, Dora W. Klein
The Mentally Disordered Criminal Defendant At The Supreme Court: A Decade In Review, Dora W. Klein
Faculty Articles
In the past decade, at least eight cases involving issues at the intersection of criminal law and clinical psychology have reached the United States Supreme Court. Of particular interest are those cases which concern three general topics: the culpability of juvenile offenders; mental states and the criminal process, including the presentation of mental disorder evidence, competency to stand trial, and competency to be executed; and the preventive detention of convicted sex offenders.
Of these eight cases, two cases cases adopted categorical exclusions from certain kinds of punishment, three involved questions about mental states (and in two of these the Court …
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark
Cornell Journal of Law and Public Policy
No abstract provided.
United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz
United States V. Ruiz-Gaxiola: Setting The Standard For Medicating Defendants Involuntarily In The Ninth Circuit, Michelle R. Cruz
Golden Gate University Law Review
In United States v. Ruiz-Gaxiola, the United States Court of Appeals for the Ninth Circuit held that the government could not medicate a defendant involuntarily for the sole purpose of rendering the defendant competent to stand trial. The court relied on the Sell test in making its determination. In Sell v. United States, the United States Supreme Court established a four-pronged test for determining whether a court should grant a request to medicate a defendant involuntarily. A court may not grant such a request unless the government shows that (1) an important government interest is at stake in …
Murder And The Mmpi-2: The Necessity Of Knowledgeable Legal Professionals, Tracy O'Connor Pennuto
Murder And The Mmpi-2: The Necessity Of Knowledgeable Legal Professionals, Tracy O'Connor Pennuto
Golden Gate University Law Review
Part I of this Comment discusses the basic structure and purpose of the MMPI-2, the development and evolution of the MMPI into the MMPI-2, and reliability and validity issues. Part II provides a basic understanding of the correct administration, scoring, and interpretation of the MMPI-2 and describes standards for expert testimony. Part III presents a historical overview of the use of the MMPI-2 in court. The different types of cases in which the MMPI-2 is used are discussed along with the many applications of its use. Part IV describes the legal standards of admissibility of scientific evidence in court and …
Equal Protection From Execution: Expanding Atkins To Include Mentally Impaired Offenders, Corena G. Larimer
Equal Protection From Execution: Expanding Atkins To Include Mentally Impaired Offenders, Corena G. Larimer
Case Western Reserve Law Review
No abstract provided.
Flouting Faretta: The Supreme Court’S Failure To Adopt A Coherent Communication Standard Of Competency And The Threat To Self-Representation After Indiana V. Edwards, Conor P. Cleary
Oklahoma Law Review
No abstract provided.
Rational Understanding In Competency To Stand Trial: A Qualitative Study And Development Of An Assessment Instrument, Kenneth C. Cole Jr.
Rational Understanding In Competency To Stand Trial: A Qualitative Study And Development Of An Assessment Instrument, Kenneth C. Cole Jr.
Antioch University Dissertations & Theses
Mental competency as a prerequisite for due process was established by the United States Supreme Court‟s Dusky decision (1960). The Court mandated that a defendant must possess reasonable levels of factual and rational understanding in order to competently participate in the adjudication process. The precise definitions of competence were not included in any of the Court‟s decisions regarding the concept of Competency to Stand Trial (CST). The original purpose of this research was to contribute knowledge regarding the psychological dimensions of CST and to suggest definitions of the psychological dimensions of CST and the standardization of the CST evaluation process. …
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Reconceptualizing Competence: An Appeal, Mae C. Quinn
Washington and Lee Law Review
No abstract provided.
Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein
Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein
Alaska Law Review
No abstract provided.
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant, John D. King
Candor, Zeal, And The Substitution Of Judgment: Ethics And The Mentally Ill Criminal Defendant, John D. King
Scholarly Articles
This Article explores the tension between autonomy and paternalism that characterizes the attorney-client relationship when a criminal defense attorney represents a mentally impaired client. Specifically, the Article analyzes the ethical frameworks that constrain the discretion of the attorney in this situation and proposes a new paradigm for ethical decisionmaking when an attorney represents a marginally competent client.
The criminal defense attorney is both a zealous advocate for her client and an officer of the legal system. In representing a marginally competent client, the initial ethical dilemma facing the attorney is whether she has an obligation to alert the court to …
Crazy Eyes: The Discernment Of Competence By A Federal Magistrate Judge, Jeffrey Manske, Mark Osler
Crazy Eyes: The Discernment Of Competence By A Federal Magistrate Judge, Jeffrey Manske, Mark Osler
Louisiana Law Review
No abstract provided.
Spousal Incompetency And The Charter, Hamish Stewart
Spousal Incompetency And The Charter, Hamish Stewart
Osgoode Hall Law Journal
This article considers the effect of the Canadian Charter of Rights and Freedoms on the rule of spousal incompetency in criminal proceedings. The rule is arguably under-inclusive, in that it is not available to protect opposite-sex couples who are not legally married or same-sex couples; on the other hand, the rule is arguably offensive to the modem conception of marriage. The Charter arguments for each of these positions are considered, and it is submitted that the Charter requires the rule of spousal incompetency, whatever it is, to apply equally to legally married couples, to cohabitants, and to same-sex couples. A …
Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein
Sotto Voce: The Supreme Court's Low Key But Not Insignificant Criminal Law Rulings During The 1992 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie
The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie
University of Miami Law Review
No abstract provided.
The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti
The Right To Proceed Pro Se At Competency Hearings: Practical Solutions To A Constitutional Catch-22, Stavy A. Giulianti
University of Miami Law Review
No abstract provided.
Presumptions And Burdens Of Proof In Determining Competency To Stand Trial: An Analysis Of Medina V. California And The Supreme Court's New Due Process Methodology In Criminal Cases, Bruce J. Winick
University of Miami Law Review
No abstract provided.
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin
University of Miami Law Review
No abstract provided.