Date of Award

1-1-2019

Language

English

Document Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

College/School/Department

School of Social Welfare

Content Description

1 online resource (viii, 96 pages) : illustrations.

Dissertation/Thesis Chair

Blanca Ramos

Committee Members

Barry Loncek, Cynthia Najdowski

Keywords

Competency Restoration, Competency to Stand Trial, Criminal Justice System, Developmental Disabilities, Intellectual Disabilities, Mental Health System, Competency to stand trial, Insanity (Law), Forensic psychiatry, Capacity and disability

Subject Categories

Criminology | Psychiatric and Mental Health | Social Work

Abstract

Competency to stand trial is a concept of jurisprudence preventing the adjudication of individuals who lack the capacity to understand the proceedings against them and which prevents them from assisting in their own defense because of mental disease or “defects”. In the criminal justice system, defendants found incompetent to stand trial are remanded to the care of the mental health system for a period of time to restore their competence. The determination of competency to stand trial is by far the most common psychiatric evaluation requested by criminal courts, and is especially critical for defendants with developmental and intellectual disabilities.

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