This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the criminal process and an ability to communicate relevant information, while arguing that the latter co...
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to en...
This paper will be published as part of a symposium issue of Behavioral Sciences and Law. Although c...
The American Bar Association\u27s revision of its Criminal Justice Mental Health Standards ( Standar...
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the clien...
This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client wi...
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the clien...
This article examines a difficult question in the representation of mentally impaired criminal defen...
This Article explores the tension between autonomy and paternalism that characterizes the attorney-c...
This Article addresses the questions of attorney error and client competency and examines the follow...
Attorneys who represent possibly incompetent defendants charged with criminal conduct face difficult...
This paper addresses a remarkably under-considered topic: the ethical standards for lawyers represen...
The best source for a comprehensive overview of mental competency in criminal, mental disability, an...
A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette...
The issue of competency arises at various stages of criminal proceedings in an effort to protect tho...
A fundamental principle of criminal law is the right of defendants to a fair trial. Courts have long...
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to en...
This paper will be published as part of a symposium issue of Behavioral Sciences and Law. Although c...
The American Bar Association\u27s revision of its Criminal Justice Mental Health Standards ( Standar...
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the clien...
This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client wi...
This Article has argued that the defense attorney has a multifaceted fiduciary duty toward the clien...
This article examines a difficult question in the representation of mentally impaired criminal defen...
This Article explores the tension between autonomy and paternalism that characterizes the attorney-c...
This Article addresses the questions of attorney error and client competency and examines the follow...
Attorneys who represent possibly incompetent defendants charged with criminal conduct face difficult...
This paper addresses a remarkably under-considered topic: the ethical standards for lawyers represen...
The best source for a comprehensive overview of mental competency in criminal, mental disability, an...
A Review of Mental Disabilities and Criminal Responsibility by Herbert Fingarette and Ann Fingarette...
The issue of competency arises at various stages of criminal proceedings in an effort to protect tho...
A fundamental principle of criminal law is the right of defendants to a fair trial. Courts have long...
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to en...
This paper will be published as part of a symposium issue of Behavioral Sciences and Law. Although c...
The American Bar Association\u27s revision of its Criminal Justice Mental Health Standards ( Standar...