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Sociology

Developmental Disabilities

University at Albany, State University of New York

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Full-Text Articles in Social Work

Individuals With Developmental Disabilities And Criminal Incompetence : An Analysis Of Predictors To Restoration, Ashley Cahill Jan 2019

Individuals With Developmental Disabilities And Criminal Incompetence : An Analysis Of Predictors To Restoration, Ashley Cahill

Legacy Theses & Dissertations (2009 - 2024)

Competency to stand trial is a concept of jurisprudence preventing the adjudication of individuals who lack the capacity to understand the proceedings against them and which prevents them from assisting in their own defense because of mental disease or “defects”. In the criminal justice system, defendants found incompetent to stand trial are remanded to the care of the mental health system for a period of time to restore their competence. The determination of competency to stand trial is by far the most common psychiatric evaluation requested by criminal courts, and is especially critical for defendants with developmental and intellectual disabilities.