Legal Competency and the Court

Abstract

The subject of competency of an accused individual to stand ravel has remained a part of jurisprudence more or less(prenominal) since exertions became a part of the system.

In the middle ages the accused that were infirm were tortured until they either confessed that they were fit to stand trial, were severely injured, or died during the process. As an example those that had been accused of a crime who were dim had increasingly heavier weights hung on them until they either collapsed, seen as an admission of either being fit to stand trial or ill-doing of the crime as determined by the inquisitor, or readily acquiesced and stood trial.

The rule of law has progressed since such times but we glide by to turn out our problems with the handling of those who are ment everyy incapable of assisting in their defense. In fact in the United States and most new(prenominal) countries one cannot stand trial unless he or she is licitly competent to do so. This is of course is a sword that cuts deuce ways.



On the one hand those who are deemed by the judgeship to be incompetent will not stand trial and will be released. However, release in this instance mover the release of the now legally incompetent individual into the barrier and control of psychiatric incarceration.

Our courts sire spent a keen deal of time defining competency and deciding who has the magnate to decide the mental capabilities of the accused. In fact a unhurt industry has been spawned in the personage of expert witnesses, the testing they conduct, and the opinions rendered all involving the competency of the accused.

This paper will delve into the background of how we have determined our present day go-round with court determined competency, how we have arrived at the point we are ay, and the perils surrounding an individual site to be incompetent. We will then take a facial gesture at the experts...If you want to get a full essay, order it on our website: Orderessay



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