Beyond Dusky and Godinez: competency before and after trial.
Scholars have carefully considered all aspects of the incompetency to stand trial process, questions involving incompetency to confess, questions involving incompetency to be executed, and, to a lesser extent, questions related to incompetency to plead guilty or to waive counsel, but little attention has been paid to the relationship between incompetency and the full range of other criminal procedure issues: sentencing, appeals, consent to searches, and others. This article discusses this range of issues, assesses the factors relied upon by courts in deciding these cases and attempts to offer an agenda for future scholarly developments in this area.
Perlin
Michael L
ML
New York Law School, 57 Worth Street, New York, NY 10013, USA. mperlin@nyls.edu
D003415:Crime / Q000331:legislation & jurisprudence* / Q000523:psychology; D003416:Criminal Law; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence*; D006801:Humans; D007298:Insanity Defense; D033222:Judicial Role; D016743:Mental Competency / Q000331:legislation & jurisprudence*; D035521:Supreme Court Decisions; D014481:United States