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Competence in the Law: From Legal Theory to Clinical Application

Competence in the Law: From Legal Theory to Clinical Application

Michael L. Perlin, Pamela R. Champine, Henry A. Dlugacz, Mary Connell

ISBN: 978-1-118-26991-6

Jan 2012

322 pages

Description

The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane. A landmark contribution to forensic practice, this book equips you to expertly address critical issues faced in conducting assessments within the legal system.
Introduction: The Expanding Role of the Expert Witness in Questions of Competence 1

1. Overview: The History, Present Scope, and Future Implications for Legal Comptetency 5

A. The history of the relationship between competency and the law 5

B. Future growth in this area 8

C. Why the question of competence is so important to mental health professionals 9

D. An introduction to sanism and pretextuality 23

2. Criminal Competencies 25

A. Competency to stand trial 26

B. Competency to plead guilty 63

C. Competency to waive counsel 71

D. Other criminal competencies 78

E. Impact of incompetency fi nding on ability to enter insanity plea 90

F. Impact of incompetency fi nding on ability to enter guilty but mentally ill plea 91

G. Impact of incompetency on the trial of a defendant as a sexually violent predator 91

H. Competency to be executed 92

3. Competency and Institutionalization of Persons by Reason of Mental Disability 134

A. Involuntary civil commitment 134

B. Competency and the right to refuse treatment 148

C. Competency and other institutional rights 166

D. Competency and correctional issues 171

4. Competency and the Civil law 174

A. Torts 181

B. Contracts 194

C. Wills, trusts, and other donative transfers 219

D. Guardianships 245

E. Domestic relations 268

5. Conclusion 292

A. Commonalities 292

B. Suggestions 296

About the Authors 299

Index 301

  • Only source for a comprehensive overview of mental competency in criminal, mental disability, and civil law.
  • Authors are well known and respected in their fields of mental disability law and forensic training.
  • Provides mental health professionals with the conceptual background to support their assessments for the courts.