Underpinnings of the Competence to Stand Trial Standard

Chapter 3 begins a discussion of competency to stand trial (CST) determinations. CST is arguably the most significant mental health inquiry associated with criminal justice proceedings. It is a “bedrock” issue in that the United States Supreme Court (USSC) has ruled that a criminal defendant’s constitutional right to a fair trial is violated if the trial proceeds while the defendant is incompetent to stand trial (IST). This chapter examines the initial USSC ruling establishing CST as a constitutional right, its underlying principles and the forces that likely shaped the Court’s determination, and why this right was only recognized relatively recently. It also describes the doctrine’s “public” face as shaped by a few highly-publicized cases, and why questions regarding defendants’ CST are not raised as frequently as they probably should be.