Competency To Stand Trial

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Legal fitness to face one’s accuser, otherwise known as competency to stand trial, competency to proceed, or “fitness,” is a foundational step in the evaluation of criminal responsibility. Competence to stand trial is the most frequently assessed form of competency. The legal requirement of competency to stand trial is an extension of the general rule that no one should be tried for a crime in his or her absence. If a defendant must be physically present to defend against criminal charges, that defendant must also be “mentally present.” The behavioral standards underlying findings of competency to stand trial come primarily from the legal language of two cases: Dusky v. United States (1960) and Weiter v. Settle (1961). According to Martell

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