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(p. 33) Competence to Stand Trial 

(p. 33) Competence to Stand Trial
(p. 33) Competence to Stand Trial

Kirk Heilbrun

, David DeMatteo

, Stephanie Brooks Holliday

, and Casey LaDuke

Page of

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date: 24 January 2021

This chapter focuses on the legal question of competence to stand trial. This form of competence (which has also been called adjudicative competence in recognition of the reality that most criminal cases are disposed of through plea negotiation rather than trial) broadly requires that a defendant be able to understand the legal process both rationally and factually, and be able to assist counsel in her own defense. As this is a common legal question in FMHA, it will be discussed using three cases.

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