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Sell v. United States, 539 U.S. 166 (2003), is a 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.
Case history; Prior: 271 F.2d 385 (8th Cir. 1959): Subsequent: 295 F.2d 743 (8th Cir. 1961): Holding; The competency standard for standing trial: whether the defendant has "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him."
The Competency Screening Test was developed by researchers at the Harvard Laboratory of Community Psychiatry in 1971. The test uses 22 fill in the blank style questions such as "If the jury finds me guilty, I will _____." Each answer is given a score of 0 (incompetent), 1 (uncertain competence), or 2 (competent).
Preventing the execution [capital punishment] of the insane, requiring an evaluation of competency and an evidentiary hearing 8th 1989 Penry v. Lynaugh: Executing persons with mental retardation is not a violation of the Eighth Amendment. (Overturned in Atkins v. Virginia (2002)) 8th 1993 Godinez v. Moran
Salinas v. Texas, 570 U.S. 178 (2013) The Fifth Amendment's protection against self-incrimination does not protect an individual's refusal to answer questions asked by law enforcement before the individual has been arrested or given the Miranda warning. A witness cannot invoke the privilege by simply standing mute; the witness must expressly ...
Rather, the competency standard for the right to waive counsel is the same standard as competency to stand trial, a decision by the Supreme Court in Godinez v. Moran . [ 33 ] As such, if a defendant is found competent to stand trial, they are also competent to waive their right to counsel. [ 33 ]
The test takes about 10 minutes to complete and is scored out of 30 points, with 30 being a perfect score. It’s composed of sections that look at several components of cognitive function ...
Pages in category "United States Court of Appeals for the Eighth Circuit cases" The following 13 pages are in this category, out of 13 total. This list may not reflect recent changes .