Citation

Collins D. Law Contemp. Probl. 2019; 82(2): 157-189.

Copyright

(Copyright © 2019, Duke University, School of Law)

DOI

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PMID

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Abstract

The American federal law governing a defendant's competence to stand trial is substantially contained in 18 U.S.C. § 4241, which can be traced to a 1949 statute, and in Dusky v. United States, a three-paragraph opinion the Supreme Court delivered in 1960. The term "competence to stand trial" refers to a defendant's ability to "participate" in her trial. It includes those who plead guilty and those who are to be sentenced. This article critically examines the current federal law governing a defendant's competence to stand trial in the federal criminal jurisdiction and explains why it is antiquated and no longer fit for purpose. It proposes a new test whereby competence would be determined by reference to the defendant's capacity to participate effectively in his trial.

Language: en