TY  - JOUR
PY  - 2019//
TI  - Re-evaluating competence to stand trial
JO  - Law and contemporary problems
A1  - Collins, David
SP  - 157
EP  - 189
VL  - 82
IS  - 2
N2  - 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.<p />  <p>Language: en</p>
LA  - en
SN  - 0023-9186
UR  - http://dx.doi.org/
ID  - ref1
ER  -