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
title=The MacArthur Adjudicative Competence Study
publisher=The MacArthur Research Network on Mental Health and the Law
] [cite web
author=Douglas Mossman, MD, Stephen G. Noffsinger, MD, Peter Ash, MD, et al
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
] 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.
title=Adjudicative Competence in Juveniles -- Adjudicative Competence in Practice
publisher=Juvenile Forensic Evaluation Resource Center
] 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)


External links

* [,M1 Adjudicative Competence: The MacArthur Studies]
* [ Standards for Determination of Competence]
* [ The MacArthur Juvenile Adjudicative Competence Study]
* [ Evaluating Juveniles' Adjudicative Competence: A Guide for Clinical Practice]

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Competence (law) — Evidence Part of the …   Wikipedia

  • Emotional competence — refers to a person s ability in expressing or releasing their inner feelings (emotions). It implies an ease around others and determines our ability to effectively and successfully lead and express. [cite news | coauthors= Air War College | title …   Wikipedia

  • Competency evaluation (law) — In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process. Competency was originally established by the Supreme Court of the… …   Wikipedia

  • List of criminal competencies — is a listing of the various types of competencies relevant to the defendant in criminal law in the United States. In the U.S. the law is permeated with competency issues since a state may not subject an individual who is incompetent to trial on… …   Wikipedia

  • North Carolina v. Alford — Supreme Court of the United States Argued November 17, 1969 Reargued October …   Wikipedia

  • Dusky v. United States — Supreme Court of the United States Decided April 18, 1960 …   Wikipedia

  • human rights — fundamental rights, esp. those believed to belong to an individual and in whose exercise a government may not interfere, as the rights to speak, associate, work, etc. [1785 95] * * * Rights that belong to an individual as a consequence of being… …   Universalium

  • Immigration and Naturalization Service v. Chadha — SCOTUSCase Litigants=Immigration and Naturalization Service v. Chadha ArgueDate=February 22 ArgueYear=1982 ReargueDate=December 7 ReargueYear=1982 DecideDate=June 23 DecideYear=1983 FullName=Immigration and Naturalization Service v. Jagdish Rai… …   Wikipedia

  • Adverse authority — Professional responsibility Du …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”