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The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv
The Competency Conundrum: Problems Courts Have Faced In Applying Different Standards For Competency To Be Executed, John L. Farringer, Iv
Vanderbilt Law Review
Throughout Anglo-American legal history, there has been a general agreement, based on numerous rationales, that mentally incompetent inmates should not be executed for their crimes. The recurring problem, however, is how to define "incompetence" or "insanity." Legislatures and courts have sought to provide a common- sense definition, but in practice judges must confront highly technical terminology from the ever evolving field of psychiatry. Additionally, the definition must be flexible enough to apply to a variety of cases, while being universal enough to assure that all defendants are treated fairly and equally.
At hearings to determine a prisoner's competency to be …