Transcription of Competency to Stand Trial
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Competency to Stand Trial
Competency TO Stand Trial Randy K. Otto University of South Florida The notion that defendants must be capable of assisting in their defense and participating in the legal process can be traced to at least the 14th century, when Common Law courts refused to proceed against defendants considered to be incompetent as a re-sult of mental disorder or mental defect (Poythress, Bonnie, Monahan, Otto, & Hoge, 2002). Using an approach to forensic assessment introduced and refined by Grisso (1986; 2003), this chapter first reviews the legal framework for the competence question, next offers a template for assessing defendants whose competence to proceed1 with the criminal process has been raised as an issue, and finishes with a discussion of special topics and issues relevant to the competence question. LEGAL FRAMEWORK Common Law Conceptions As noted above, the criminal courts have long required that defendants accused of offenses and appearing in court be ca-pable of understanding and participating in legal proceedings.
COMPETENCY TO STAND TRIAL Randy K. Otto University of South Florida The notion that defendants must be capable of assisting in their defense and
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