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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 …
Stalking Secret Law: What Predicts Publication In The United States Courts Of Appeals, Deborah J. Merritt, James J. Brudney
Stalking Secret Law: What Predicts Publication In The United States Courts Of Appeals, Deborah J. Merritt, James J. Brudney
Vanderbilt Law Review
For more than a quarter century, the United States Courts of Appeals have maintained two bodies of law. One is published, widely disseminated, and fully precedential. The other, now encompassing nearly 80% of all dispositions on the merits,' is unpublished, erratically distributed, and rarely precedential. What distinguishes these two sets of cases? Is it possible to predict why judges publish opinions in some cases while resolving others through unpublished opinions, memoranda, or judgment orders?
Each court has formal rules governing the publication of opinions, but those standards fail to account for variations in publication. Despite substantial overlap among circuit rules, …