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EVALUATING COMPETENCY - ARE CONSTITUTIONAL DEPRIVATIONS NECESSARY

NCJ Number
6985
Journal
American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 465-504
Author(s)
H KAUFMAN
Date Published
1972
Length
40 pages
Annotation
PRESENTATION OF ARGUMENTS BASED ON DUE PROCESS, EQUAL PROTECTION AND RIGHT TO SPEEDY TRIAL WHICH MAY BE USED TO ATTACK COMPETENCY PROCEEDINGS.
Abstract
THE AUTHOR BASES HIS EVALUATION OF THE PRESENT SYSTEM OF COMPETENCY PROCEEDINGS AS WELL AS PROPOSED CHANGES ON TWO PREMISES - ONE IS THAT JUSTICE REQUIRES THAT THE MAIN OBJECTIVE OF INCOMPETENCY PROCEDURES BE THE PROTECTION OF DUE PROCESS RIGHTS OF THE DEFENDANT AND TWO IS THAT ANY REFORM WHICH SERVES TO FRUSTRATE UNNECESSARILY THE STATE'S INTEREST IN PROSECUTION WILL BE UNACCEPTABLE. AFTER REVIEWING CONSTITUTIONAL QUESTIONS INHERENT IN COMMITMENT PROCEDURES, THE AUTHOR PRESENTS A PROPOSAL FOR STATUTORY REFORM DESIGNED TO STRIKE A BALANCE BETWEEN THE INDIVIDUAL AND STATE INTERESTS INVOLVED IN HANDLING INCOMPETENTS. AUTHOR ABSTRACT MODIFIED