Competence in the Law

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.PAMELA CHAMPINE is a Professor of Law at New York Law School, specializing in wills and trusts and related personal affairs.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.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.

• Introduction: The Expanding Role of the Expert Witness in Questions of Competence 1 1. Overview: The History, Present Scope, and Future Implications for Legal Comptetency 5A. The history of the relationship between competency and the law 5B. Future growth in this area 8C. Why the question of competence is so important to mental health professionals 9D. An introduction to sanism and pretextuality 232. Criminal Competencies 25A. Competency to stand trial 26B. Competency to plead guilty 63C. Competency to waive counsel 71D. Other criminal competencies 78E. Impact of incompetency fi nding on ability to enter insanity plea 90F. Impact of incompetency fi nding on ability to enter guilty but mentally ill plea 91G. Impact of incompetency on the trial of a defendant as a sexually violent predator 91H. Competency to be executed 923. Competency and Institutionalization of Persons by Reason of Mental Disability 134A. Involuntary civil commitment 134B. Competency and the right to refuse treatment 148C. Competency and other institutional rights 166D. Competency and correctional issues 1714. Competency and the Civil law 174A. Torts 181B. Contracts 194C. Wills, trusts, and other donative transfers 219D. Guardianships 245E. Domestic relations 2685. Conclusion 292A. Commonalities 292B. Suggestions 296About the Authors 299Index 301