Refining and Applying the Competence to Stand Trial Standard

Abstract

Despite being a foundation of American jurisprudence, the CST doctrine (unlike the insanity defense) has receiving surprisingly little attention. Nevertheless, the CST of a criminal defendant is often questioned and evaluated, with forensic mental health examinations playing a pivotal role in these determinations. Chapter 4 further delineates the foundations of the CST doctrine, refinements to the basic approach identified by the USSC as mandated by the U.S. Constitution, key aspects of these determinations, factors to be examined in these assessments, some criticisms of the existing CST doctrine, and possible alternative approaches.