NCJ Number
139039
Journal
Behavioral Sciences and the Law Volume: 10 Issue: 3 Dated: (Summer 1992), 291-316
Date Published
1992
Length
26 pages
Annotation
The author argues that competence in the criminal process should be approached as two separate constructs in which a distinction is drawn between a foundational concept of competence to assist counsel and a contextualized concept of decisional competence.
Abstract
This reformulation of the theory of competence would provide a useful explanatory framework for existing law, clarify issues in areas where the law is unsettled or controversial, link competencies in criminal defense and other areas of law, and provide a framework for defining the psycho-legal abilities encompassed by the two competence constructs. Issues of competence arise in cases when any of three rationales -- dignity, reliability, and autonomy -- for barring adjudication on grounds of a defendant's competence arise. In addition to the two constructs identified above, this author's approach to competency would affect guilty pleas and trials. This reconceptualization could have concrete applications for empirical research and competence assessments. 103 notes