@article{ref1,
title="Re-evaluating competence to stand trial",
journal="Law and contemporary problems",
year="2019",
author="Collins, David",
volume="82",
number="2",
pages="157-189",
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 &quot;competence to stand trial&quot; refers to a defendant's ability to &quot;participate&quot; 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.<p /> <p>Language: en</p>",
language="en",
issn="0023-9186",
doi="",
url="http://dx.doi.org/"
}