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  1. noting potential side effects of psychiatric medications, significant liberty interest in avoiding unwanted administration of antipsychotic drugs; however there is a stronger interest in ensuring the safety of prisoners/staff
    • WASHINGTON v. HARPER
    • 1990
  2. given its side effects, involuntary medication of a defendant during trial isn't permitted, absent a finding of overriding justification & a determination of medical appropriateness
    • RIGGINS v. NEVADA
    • 1992
  3. court permitted incompetent defendants to appear at trial without medication, provided that when they decide to do so they are medicated & competent to make such a decision
    STATE v. HAYES
  4. sufficient present ability to consult with attorney with a reasonable degree of rational understanding; rational as well as factual understanding of proceedings against him
    • DUSKY v. UNITED STATES
    • 1960
  5. state may not commit a person on incompetency grounds unless there is a substantial probability that competency will be restored & even then may do so only for a reasonable period of time
    • JACKSON v. INDIANA
    • 1972
  6. court found a person is competent to stand trial is competent to waive an attorney
    GODINEZ v. MORAN
  7. the 8th amendment (banning cruel & unusual punishment) prohibits execution of those who are unaware of the punishment that they are about to receive & why they are to suffer it
    • FORD v. WAINWRIGHT
    • 1986
  8. in making the decision to order a competency evaluation, the court must take in to account & weigh any factors suggestive of mental illness
    • DROPE v. MISSOURI
    • 1975
  9. competence despite amnesia had to do with the ability to consult with and assist lawyer; can testify to his behalf; extent to which evidence can be reconstructed; how strong is prosecution's case
    • WILSON v. UNITED STATES
    • 1968
  10. the defendants decision regarding assertionof the insanity defense be followed when the defendant is competent to make it, regardless of likely success of the defense
    • FREDRICK v. UNITED STATES
    • 1979
  11. it is contradictory to argue that a defendant may be incompetent & yet knowingly waive his right to have the court determine his capacity to stand trial
    • PATE v. ROBINSON
    • 1966
  12. requires the trial judge to calibrate carefully the effect of medication on a defendant's ability to understand & consult with counsel participate in the proceedings and to consult with counsel
    • RIGGINS v. NEVADA
    • 1992
  13. placed the burden of proving incomptency on the party raising the question (usually the defense)
    • MEDINA v. CALIFORNIA
    • 1992
  14. executing individuals who are mentally retarded is unconstitutional
    • ATKINS v. VIRGINIA
    • 2002
  15. court found nothing unconstitutional about threat of greater change if does not plead guilty because the charge was legitimate & the defendant was free to accept/reject prosecution's offer
    • BORDENKIRCHER v. HAYES
    • 1978
  16. although fear of death penalty may have resulted in a plea to life in prison- it did not coerce it...
    only coercion if had proven so gripped by fear of the death penalty that he could not make rational decisions or his own behavior
    • BRADY v. UNITED STATES
    • 1970

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Author:
sweetdaisyj
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47204
Filename:
psych & legal
Updated:
2010-11-04 02:18:25
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psych & legal cases
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