Adjudicative competence


Adjudicative competence

Adjudicative competence, also referred to as competent to stand trial, is a legal construct describing the criminal defendant's ability to understand and participate in legal proceedings. [cite web
year=
month=
url=http://www.macarthur.virginia.edu/adjudicate.html
title=The MacArthur Adjudicative Competence Study
publisher=The MacArthur Research Network on Mental Health and the Law
accessdate=2007-11-25
] [cite web
author=Douglas Mossman, MD, Stephen G. Noffsinger, MD, Peter Ash, MD, et al
year=2007
url=http://www.jaapl.org/cgi/content/full/35/Supplement_4/S3?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&fulltext=pervasive+&andorexactfulltext=and&searchid=1&FIRSTINDEX=10&sortspec=relevance&resourcetype=HWCIT
title=AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial
publisher=Journal of the American Academy of Psychiatry and the Law
accessdate=2008-02-17
] This includes the defendant's current ability to participate in various pleas and waivers of rights. It is unrelated to any possibility of an insanity plea. It is also unrelated to the ability of the defendant to represent himself, or to any evaluation of mitigation factors. [cite web
author=Richard E. Redding, J.D., Ph.D.
year=2000
month=
url=http://www.ilppp.virginia.edu/Juvenile_Forensic_Fact_Sheets/AdjudComp.html
title=Adjudicative Competence in Juveniles -- Adjudicative Competence in Practice
publisher=Juvenile Forensic Evaluation Resource Center
accessdate=2007-11-25
] The definition of adjudicative competence was provided by the United States Supreme Court in Dusky v. United States.

An empirical basis for the clinical assessment of competence has not yet been established.

ee also

*Competence (law)

Footnotes

External links

* [http://books.google.com/books?id=IZgpiCKGYvQC&dq=adjudicative+competence&printsec=frontcover&source=web&ots=a81vBWt0cw&sig=LtaYQrNEEo3Eo-3ycyEJgl-nDhM#PPA1,M1 Adjudicative Competence: The MacArthur Studies]
* [http://www.jaapl.org/cgi/content/full/35/3/386?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&searchid=1&FIRSTINDEX=0&minscore=5000&resourcetype=HWCIT Standards for Determination of Competence]
* [http://www.adjj.org/downloads/58competence_study_summary.pdf The MacArthur Juvenile Adjudicative Competence Study]
* [http://www.jaapl.org/cgi/content/full/33/4/568 Evaluating Juveniles' Adjudicative Competence: A Guide for Clinical Practice]


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