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Disability Law

Competency to stand trial

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Full-Text Articles in Law

Take The Motherless Children Off The Street: Fetal Alcohol Syndrome And The Criminal Justice System, Michael L. Perlin, Heather Ellis Cucolo Apr 2023

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 …


Infinity Goes On Trial: Sanism, Pretextuality, And The Representation Of Defendants With Mental Disabilities, Michael L. Perlin Jan 2016

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 …


The Competence Of Criminal Defendants: Beyond Dusky And Drope, Richard J. Bonnie Jan 1993

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 Jan 1993

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 Jan 1993

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 Jan 1993

Pretexts And Mental Disability Law: The Case Of Competency, Michael L. Perlin

University of Miami Law Review

No abstract provided.