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Competence in the Law : From Legal Theory to Clinical Application
Competence in the Law : From Legal Theory to Clinical Application
Michael L. Perlin, New York Law School, New York, NY
Pamela R. Champine, New York Law School, New York, NY
Henry A. Dlugacz, Private Law Practice, New York, NY
Mary Connell, Private Forensic Psychology Practice, Fort Worth, TX
ISBN: 978-0-470-14420-6
©2008
312 pages
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Description  |  Author Info  |  Table of Contents  |  Hallmark Features  |  Sample Chapters
Table of Contents
Introduction: The Expanding Role of the Expert Witness in Questions of Competence.

Chapter 1: Overview: The History, Present Scope, and Future Implications for Legal Competency.

A. The history of the relationship between competency and the law.

B. Future growth in this area.

C. Why the question of competence is so important to mental health professionals.

D. An Introduction to Sanism and Pretextuality.

Chapter 2: Criminal Competencies.

A. Competency to Stand Trial.

B. Competency to Plead Guilty.

C. Competency to Waive Counsel.

D. Other Criminal Competencies.

E. Impact of Incompetency finding on Ability to Enter Insanity Plea.

F. Impact of Incompetency finding on Ability to Enter guilty but Mentally Ill plea.

G. Impact of Incompetency on the Trial of a Defendant as a Sexually Violent Predator.

H. Competency to be Executed.

Chapter 3: Competency and Institutionalization of Persons by Reason of Mental Disability.

A. Involuntary Civil Commitment.

B. Competency and the Right to Refuse Treatment.

C. Competency and Other Institutional Rights.

D. Competency and Correctional Issues.

Chapter 4: Competency and Civil Law.

A. Torts.

B. Contracts.

C. Wills, Trusts, and Other Donative Transfers.

D. Guardianships.

E. Domestic Relations.

Chapter 5: Principles and Their Wider Implications.

A. Commonalities.

B. Suggestions.  


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