Competence in the Law : From Legal Theory to Clinical Application

by Michael L. Perlin (New York Law School, New York, NY ); Pamela R. Champine (New York Law School, New York, NY ); Henry A. Dlugacz (Private Law Practice, New York, NY ); Mary Connell (Private Forensic Psychology Practice, Fort Worth, TX )

• ISBN13: 9780470267905
• ISBN10: 0470267909
• Format: eBook
• Copyright: 2008-06-01
• Publisher: Wiley

Summary

Written by experts in the fields of mental disability law and forensic psychology, Competence in the Law prepares mental health professionals to understand the law, consider questions of civil and criminal competence, and knowledgeably counsel lawyers and judges in cases in which mental competency issues are germane. The first single-volume resource of its kind, Competence in the Law: Examines the landmark cases that have set precedents in this area Presents in-depth discussion of criminal competencies, such as competency to stand trial, plead guilty, or waive counsel Explores questions of competency in civil law matters, such as custody and estates Considers the relationship between competency and the institutionalization of persons with mental disabilities Identifies commonalities between court decisions in discrete areas of the law A landmark contribution to forensic practice, Competence in the Law presents the most relevant and accurate information and equips mental health professionals to expertly address critical issues faced in conducting assessments within the legal system.

Table of Contents

Introduction: The Expanding Role of the Expert Witness in Questions of Competence

Overview : The History, Present Scope, and Future Implications for Legal Competency

The history of the relationship between competency and the law

Future growth in this area

Why the question of competence is so important to mental health professionals

An Introduction to Sanism and Pretextuality

Criminal Competencies

Competency to Stand Trial

Competency to Plead Guilty

Competency to Waive Counsel

Other Criminal Competencies

Impact of Incompetency finding on Ability to Enter Insanity Plea

Impact of Incompetency finding on Ability to Enter guilty but Mentally Ill plea

Impact of Incompetency on the Trial of a Defendant as a Sexually Violent Predator

Competency to be Executed

Competency and Institutionalization of Persons by Reason of Mental Disability

Involuntary Civil Commitment

Competency and the Right to Refuse Treatment

Competency and Other Institutional Rights

Competency and Correctional Issues

Competency and Civil Law

Torts

Contracts

Wills, Trusts, and Other Donative Transfers

Guardianships

Domestic Relations

Principles and Their Wider Implications

Commonalities

Suggestions

Table of Contents provided by Publisher. All Rights Reserved.