Competence in the Law : From Legal Theory to Clinical Application

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. 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.

About the Author:
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

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

About the Author:
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

About the Author:
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

Competence in the Law: From Legal Theory to Clinical Application......Page 6 Contents......Page 10 Introduction: The Expanding Role of the Expert Witness in Questions of Competence......Page 12 A. THE HISTORY OF THE RELATIONSHIP BETWEEN COMPETENCY AND THE LAW......Page 16 B. FUTURE GROWTH......Page 19 C. WHY THE QUESTION OF COMPETENCE IS SO IMPORTANT TO MENTAL HEALTH PROFESSIONALS......Page 20 D. AN INTRODUCTION TO SANISM AND PRETEXTUALITY......Page 34 INTRODUCTION......Page 36 A. COMPETENCY TO STAND TRIAL......Page 37 B. COMPETENCY TO PLEAD GUILTY......Page 74 C. COMPETENCY TO WAIVE COUNSEL......Page 82 D. OTHER CRIMINAL COMPETENCIES......Page 89 E. IMPACT OF INCOMPETENCY FINDING ON ABILITY TO ENTER INSANITY PLEA......Page 101 G. IMPACT OF INCOMPETENCY ON THE TRIAL OF A DEFENDANT AS A SEXUALLY VIOLENT PREDATOR......Page 102 H. COMPETENCY TO BE EXECUTED......Page 103 A. INVOLUNTARY CIVIL COMMITMENT......Page 145 B. COMPETENCY AND THE RIGHT TO REFUSE TREATMENT......Page 159 C. COMPETENCY AND OTHER INSTITUTIONAL RIGHTS......Page 177 D. COMPETENCY AND CORRECTIONAL ISSUES......Page 182 INTRODUCTION......Page 185 A. TORTS......Page 192 B. CONTRACTS......Page 205 C. WILLS, TRUSTS, AND OTHER DONATIVE TRANSFERS......Page 230 D. GUARDIANSHIP......Page 256 E. DOMESTIC RELATIONS......Page 279 A. COMMONALITIES......Page 303 B. SUGGESTIONS......Page 307 About the Authors......Page 310 Subject and Case Index......Page 312 Overview: the history, present scope, and future implications for legal competency Criminal competencies Competency and institutionalization of persons by reason of mental disability Competency and civil law Principles and their wider implications.