Amnesia and competency to stand trial: A review of legal and clinical issues

✍ Scribed by Dr. Ronald Roesch; Stephen L. Golding

• Publisher: John Wiley and Sons
• Year: 1986
• Tongue: English
• Weight: 713 KB
• Volume: 4
• Category: Article
• ISSN: 0735-3936
• DOI: 10.1002/bsl.2370040107

✦ Synopsis

Recent case law is discussed regarding the role of amnesia in determining competency to stand trial. Clinical issues are examined for a range of amnestic conditions on a spectrum of organic andfunctional disorders. Clinical methods are explored for establishing the extent of amnesia and its relevance to competency.

1. This article was prepared while the first author was a visiting professor at Arizona State University, under a Leave Fellowship provided by the Social Sciences and Humanities Research Council. 2. The term competency to stand trial is perhaps not an accurate one, because criminal competency refers to ability to proceed at various levels of the criminal procedures, including arraignment. plea bargaining, and other legal proceedings in addition to an actual trial (trials are an infrequent event in criminal case dispositions; most cases are decided through plea bargaining arrangements). Competency can even refer to competency to be executed (see Wainright v. Ford, 1984). Our use of the term is intended to cover all aspects of criminal competency.