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Full-Text Articles in Legal Profession

The Unconstitutionality Of Mandatory Detention During Competency Restoration, Marisol Orihuela Jan 2017

The Unconstitutionality Of Mandatory Detention During Competency Restoration, Marisol Orihuela

Berkeley Journal of Criminal Law

Defense attorneys have long struggled with the ethical obligation to raise competency concerns about a client to the court when doing so would prolong the client’s time in detention. This dilemma, well-documented in legal ethics scholarship, relies on an assumption that detention is a necessary component of competency restoration. As this Article shows, that assumption is wrong.

This Article uncovers how the practice of mandatory detention for competency restoration was left undisturbed for decades, even as policymakers and courts increasingly recognized the constitutional concerns with automatic detention of individuals with severe mental illness in other arenas. After exposing the ...


When Harry Met Perry And Larry: Criminal Defense Lawyers On Television, Michael Asimow Apr 2012

When Harry Met Perry And Larry: Criminal Defense Lawyers On Television, Michael Asimow

Berkeley Journal of Entertainment and Sports Law

No abstract provided.