Searching for uniformity in adjudications of the accused's competence to assist and consult in capital cases.

Abstract

Based on the review of capital cases from various jurisdictions involving issues of competence to stand trial, this article examines the standards, literature, and varying practices associated with competence assessments and adjudications. The author, who is an experienced criminal defense lawyer with capital trial and postconviction litigation experience, examines the implications of disparities in the approaches and definitions used in dealing with competence assessments and suggests solutions to improve the standards of practice related to these important assessments.