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Treatment for Restoration of Competence to Stand Trial: Critical Analysis and Policy Recommendations
Journal article   Peer reviewed

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

Kirk Heilbrun, Christy Giallella, H. Jean Wright, David DeMatteo, Patricia A. Griffin, Benjamin Locklair and Alisha Desai
Psychology, public policy, and law, v 25(4), pp 266-283
01 Nov 2019

Abstract

Government & Law Health Care Sciences & Services Health Policy & Services Life Sciences & Biomedicine Psychology, Multidisciplinary Science & Technology Law Psychology Social Sciences
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.

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32 citations in Scopus

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Web of Science research areas
Health Policy & Services
Law
Psychology, Multidisciplinary
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