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BOOK SUMMARY :

How courts determine competency when a legitimate question arises as to competency the defendant has a right to a hearing to determine fitness to stand trial all trial courts have authority to order psychological evaluations of defendants and in many states an evaluation is automatic once a party raises the competency issuedr steven gaskells function in competency to stand trial cases is to determine whether or not a mental disorder defect or impairment precludes this understanding and cooperation psychological testing is given in competency to stand trial cases on an as needed basis and psychological testing of malingering is often indicatedcompetency to stand trial is a concept of jurisprudence allowing the postponement of criminal proceedings for those defendants who are considered unable to participate in their defense on account of mental or physical disorder or retardation because trialevidence based practice for evaluation of competency to stand trial cannot be considered without first providing a clinical context and legal framework clinically the movement toward empirically based assessments has created important advances some limitations and substantial resistance1984pub l 98473 amended section generally substituting determination of mental competency to stand trial for examination and transfer to hospital in section catchline and substituting provisions relating to motion report hearing etc for determination of competency of defendant for provisions relating to boards of

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