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Competence (law)

Index Competence (law)

In United States law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. [1]

41 relations: Adjudicative competence, Age of consent, Age of majority, Antiterrorism and Effective Death Penalty Act of 1996, Capacity (law), Capital punishment, Common law, Competency evaluation (law), Contract, Cooper v. Oklahoma, Crime, Dawes Act, Death row, Drope v. Missouri, Due Process Clause, Dusky v. United States, English law, Estelle v. Smith, Finance, Fitness to plead, Florida, Ford v. Wainwright, Godinez v. Moran, Insanity defense, Jackson v. Indiana, Kenneth L. Curtis, Law of the Republic of Ireland, Law of the United States, Legal guardian, Native Americans in the United States, Principle of conferral, Prosecutor, Psychologist, Riggins v. Nevada, Scots law, Sell v. United States, Stratford, Connecticut, Suitable age and discretion, Supreme Court of the United States, United States Court of Appeals for the Tenth Circuit, United States federal laws governing defendants with mental diseases or defects.

Adjudicative competence

Adjudicative competence, also referred to as competence to stand trial, is a legal construct describing the criminal defendant's ability to understand and participate in legal proceedings.

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Age of consent

The age of consent is the age below which a minor is considered to be legally incompetent to consent to sexual acts.

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Age of majority

The age of majority is the threshold of adulthood as recognized or declared in law.

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Antiterrorism and Effective Death Penalty Act of 1996

The Antiterrorism and Effective Death Penalty Act of 1996, Pub.

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Capacity (law)

The capacity of natural and juridical persons (legal persons) in general, determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will.

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Capital punishment

Capital punishment, also known as the death penalty, is a government-sanctioned practice whereby a person is put to death by the state as a punishment for a crime.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Competency evaluation (law)

In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process.

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Contract

A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.

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Cooper v. Oklahoma

Cooper v. Oklahoma,, was a United States Supreme Court case in which the Court reversed an Oklahoma court decision holding that a defendant is presumed to be competent to stand trial unless he proves otherwise by the second highest legal standard of proof, that of clear and convincing evidence, ruling that to be unconstitutional.

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Crime

In ordinary language, a crime is an unlawful act punishable by a state or other authority.

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Dawes Act

The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887), authorized the President of the United States to survey American Indian tribal land and divide it into allotments for individual Indians.

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Death row

Death row is a special section of a prison that houses inmates who are awaiting execution after being sentenced to death for the conviction of capital crimes.

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Drope v. Missouri

Drope v. Missouri, 420 U.S. 162 (1975), was a United States Supreme Court case in which the Court held a Missouri trial court deprived a defendant of due process by failing to order a competency examination after he was hospitalized following an attempted suicide and as a result missed a portion of his trial for a capital offense.

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Due Process Clause

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause.

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Dusky v. United States

Dusky v. United States, 362 U.S. 402 (1960), was a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial.

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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Estelle v. Smith

Estelle v. Smith,, was a United States Supreme Court case in which the Court held that, per Miranda v. Arizona (1966), the state may not force a defendant to submit to a psychiatric examination solely for the purposes of sentencing.

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Finance

Finance is a field that is concerned with the allocation (investment) of assets and liabilities (known as elements of the balance statement) over space and time, often under conditions of risk or uncertainty.

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Fitness to plead

In the law of England and Wales, fitness to plead is the capacity of a defendant in criminal proceedings to comprehend the course of those proceedings.

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Florida

Florida (Spanish for "land of flowers") is the southernmost contiguous state in the United States.

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Ford v. Wainwright

Ford v. Wainwright,, was a U.S. Supreme Court case that upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of their competency to be executed.

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Godinez v. Moran

Godinez v. Moran, 509 U.S. 389 (1993),.

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Insanity defense

The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act.

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Jackson v. Indiana

Jackson v. Indiana,, was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.

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Kenneth L. Curtis

Kenneth L. Curtis (born August 3, 1965) is a former college student from Connecticut who on October 30, 1987 shot and killed his estranged girlfriend, and shot himself in the head.

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Law of the Republic of Ireland

The law of Ireland consists of constitutional, statute and common law.

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Law of the United States

The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States.

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Legal guardian

A legal guardian is a person who has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.

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Native Americans in the United States

Native Americans, also known as American Indians, Indians, Indigenous Americans and other terms, are the indigenous peoples of the United States.

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Principle of conferral

The principle of conferral is a fundamental principle of European Union law.

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Prosecutor

A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.

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Psychologist

A psychologist studies normal and abnormal mental states from cognitive, emotional, and social processes and behavior by observing, interpreting, and recording how individuals relate to one another and to their environments.

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Riggins v. Nevada

Riggins v. Nevada, is a U.S. Supreme Court case in which the court decided whether a mentally ill person can be forced to take antipsychotic medication while they are on trial to allow the state to make sure they remain competent during the trial.

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Scots law

Scots law is the legal system of Scotland.

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Sell v. United States

Sell v. United States, is a landmark decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried.

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Stratford, Connecticut

Stratford is a town in Fairfield County, Connecticut, United States.

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Suitable age and discretion

Suitable age and discretion is both a legal definition of maturity,Temple v. Norris, 55 N.W. 133, 133–134 (Minn. 1893), found at.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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United States Court of Appeals for the Tenth Circuit

The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts.

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United States federal laws governing defendants with mental diseases or defects

United States federal laws governing offenders with mental diseases or defects provide for the evaluation and handling of defendants who are suspected of having mental diseases or defects.

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Redirects here:

Competency (law), Competent to stand trial, Incompetence (law), Incompetent to stand trial, Legal competence, Legally competent, Legally incompetent, Mental competency, Mental incompetence, Mentally competent, Mentally incompetent.

References

[1] https://en.wikipedia.org/wiki/Competence_(law)

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