Competence in the Law : From Legal Theory to Clinical Application

by Perlin, Michael L.; Champine, Pamela R.; Dlugacz, Henry A.; Connell, Mary

• ISBN13: 9780470144206
• ISBN10: 0470144203
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-03-14
• Publisher: Wiley

Summary

The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane. A landmark contribution to forensic practice, this book equips you to expertly address critical issues faced in conducting assessments within the legal system.

Author Biography

Michael L. Perlin is a Professor of Law at New York Law School (NYLS), Director of NYLS's Online Mental Disability Law Program, and Director of NYLS's International Mental Disability Law Reform Project in its Justice Action Center.

Pamela Champine is a Professor of Law at New York Law School, specializing in wills and trusts and related personal affairs.

HENRY A. DLUGACZ is an assistant clinical professor of psychiatry and behavioral science at New York Medical College. He is an attorney, psychiatric social worker, and consultant specializing in mental disability issues.

Mary Connell is a forensic and clinical psychologist in independent practice in Fort Worth, Texas. She works in a range of forensic practice areas and specializes in child sexual abuse in family, tort, and criminal litigation.

Table of Contents

Introduction: The Expanding Role of the Expert Witness in Questions of Competence	p. 1
Overview: The History, Present Scope, and Future Implications for Legal Comptetency	p. 5
The history of the relationship between competency and the law	p. 5
Future growth in this area	p. 8
Why the question of competence is so important to mental health professionals	p. 9
An introduction to sanism and pretextuality	p. 23
Criminal Competencies	p. 25
Competency to stand trial	p. 26
Competency to plead guilty	p. 63
Competency to waive counsel	p. 71
Other criminal competencies	p. 78
Impact of incompetency finding on ability to enter insanity plea	p. 90
Impact of incompetency finding on ability to enter guilty but mentally ill plea	p. 91
Impact of incompetency on the trial of a defendant as a sexually violent predator	p. 91
Competency to be executed	p. 92
Competency and Institutionalization of Persons by Reason of Mental Disability	p. 134
Involuntary civil commitment	p. 134
Competency and the right to refuse treatment	p. 148
Competency and other institutional rights	p. 166
Competency and correctional issues	p. 171
Competency and the Civil Law	p. 174
Torts	p. 181
Contracts	p. 194
Wills, trusts, and other donative transfers	p. 219
Guardianships	p. 245
Domestic relations	p. 268
Principles and Their Wider Implications	p. 292
Commonalities	p. 292
Suggestions	p. 296
About the Authors	p. 299
Index	p. 301
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