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Criminal Trials and Mental Disorders$
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Thomas Hafemeister

Print publication date: 2019

Print ISBN-13: 9781479804856

Published to NYU Press Scholarship Online: September 2019

DOI: 10.18574/nyu/9781479804856.001.0001

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Other Criminal Trial–Related Competency Issues

Other Criminal Trial–Related Competency Issues

Miranda Waivers/Confessions, Waiver of Counsel, Guilty Pleas, and Competence to Testify

(p.174) 7 Other Criminal Trial–Related Competency Issues
Criminal Trials and Mental Disorders

Thomas L. Hafemeister

NYU Press

Chapter 7 addresses other competency issues that may arise in conjunction with criminal justice proceedings. There are a range of such issues, and each potentially targets a different functional capacity. They include the competence to waive your Miranda rights and confess to a crime or make other self-incriminating statements; the competence to plead guilty and waive your right to a trial; the competence to waive your right to an attorney and represent yourself; and the competence to testify. This chapter provides a brief examination of the history and evolution of each of these competency issues, their governing standards, and related judicial procedures. To frame this discussion, an examination is provided of various potential impacts of mental disorders on each of these criminal trial-related competencies.

Keywords:   other competency issues, waive Miranda rights, competence to confess, competence to plead guilty, competence to waive right to attorney, competence to represent yourself, competence to testify, governing standards, judicial procedures, potential impacts of mental disorders

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