Competence Standard Not Good Enough for Self-Defense
December 16, 2011|Clinical Psychiatry News
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FROM THE ANNUAL MEETING OF THE AMERICAN ACADEMY OF PSYCHIATRY AND THE LAW
"As in other criminal competencies, there should be a presumption of competence, and since pro se competency in our opinion should be a higher standard – the court said ‘may be’ a higher standard, we believe it should be – the defendant must of course meet competency to stand trial criteria," Dr. Kaufman said.
To be declared incompetent, there must be a mental disease or defect and not simply poor judgment as the cause for incompetence, he added.
The study was internally funded. Dr. Kaufman reported that he had no financial disclosures.
