Treatment for Restoration of Competence to Stand Trial: Critical Analysis and Policy Recommendations

The capacity of a criminal defendant to stand trial in the United States has been addressed in a sizable legal and scientific literature over a period of nearly 6 decades since the U.S. Supreme Court's landmark decision in Dusky v. United States (1960). Much less attention has been devoted to t...

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Bibliographic Details
Published in:Psychology, public policy, and law public policy, and law, 2019-11, Vol.25 (4), p.266-283
Main Authors: Heilbrun, Kirk, Giallella, Christy, Wright, H. Jean, DeMatteo, David, Griffin, Patricia A, Locklair, Benjamin, Desai, Alisha
Format: Article
Language:English
Subjects:
Chronic Mental Illness
Cognitive Impairment
Competency to Stand Trial
Defendants
Human
Intellectual Development Disorder
Juvenile Delinquency
Legal Evidence
Litigation
Mental Disorders
Policy Making
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Summary:The capacity of a criminal defendant to stand trial in the United States has been addressed in a sizable legal and scientific literature over a period of nearly 6 decades since the U.S. Supreme Court's landmark decision in Dusky v. United States (1960). Much less attention has been devoted to the topic of the restoration to competency of defendants who have been adjudicated incompetent to stand trial, however. This article reviews the relevant law, the current status of litigation in a number of states regarding restoration, and the scientific and clinical evidence on the restoration of individuals in 4 populations: adults with severe mental illness, adults with intellectual disability, adults with cognitive deficits, and juveniles. Current law and scientific evidence are considered in a critical analysis yielding recommendations for policy. This analysis is particularly timely considering the major problems currently being experienced (and sometimes litigated) in the United States involving lengthy waiting periods for hospital-based restoration services.
ISSN:1076-8971
1939-1528
DOI:10.1037/law0000210