M3D1: Restoration of Competency

38584M3D1: Restoration of Competency

When a defendant is determined to be incompetent to stand trial, that determination is time-limited, i.e., it is acknowledged that the absence of adjudicative competency is current and subject to change. An ethical issue related to competency restoration focuses on involuntary administration of pharmacological or psychological treatment in an effort to restore competency.

Respond to the following:

– What are the arguments for and against forced therapeutic restoration?
– Where do you stand on this issue?

Required Reading Week 3:
Erickson, P. E., & Erickson, S. K. (2008). Crime, punishment, and mental illness: Law and the behavioral sciences in conflict. New Brunswick, NJ: Rutgers University Press.
Chapter 3: Competency to Stand Trial and Competency to Be Executed
Chapter 4: The Problems with the Insanity Defense: The Conflict between Law and Psychiatry
Module notes
Articles from the College Library:
Rogers, R., Harrison, K. S., Shuman, D. W., Sewell, K. W., & Hazelwood, L. L. (2007, April). An analysis of Miranda warnings and waivers: Comprehension and coverage. Law and Human Behavior, 31(2), pp. 177-192. http://search.ebscohost.com/login.aspx?direct=true&db=pdh&AN=2007-06178-004&site=eds-live&scope=site

View:

PowerPoint presentation:
False ConfessionsPreview the document [Presentation slides][PPTX file size 912 KB]
Website:
WGBH educational foundation. (n.d.).
The story of Ralph Tortoricci. Frontline. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/crime/ralph/
Online video:
texasdefenderservice. (2014, November 14). Executing the insane: The case of Scott Panetti [Video file] [27 min 15 sec]. Retrieved from https://www.youtuve.com/watch?v=jUNjW61yrJM