List of Criminal Competencies and Corresponding Court Cases

List of Criminal Competencies and Corresponding Court Cases

The following list of criminal competencies is a listing of the various types of legal competencies relevant to the defendant in criminal law in the United States. In the United States, the law has competency issues since a state may not subject an individual who is incompetent to stand trial on criminal charges.

By insisting on this requirement, the law acts on the assumption that society recognizes only the actions of an individual. It is important for private investigators to understand these, as they may affect the outcome of the case.

List of Criminal Competencies

Following is a list of the most relevant competencies that must be evaluated (if a question of incompetency is raised) to proceed. The list includes the name and the corresponding court case (or cases). These are in no particular order.

Competency to Consent to a Search or Seizure
Mapp versus Ohio
Katz vs. United States
Florida vs. Rodriguez

Competency to Stand Trial
Dusky vs. United States
Panetti vs. Quarterman

Competency to Waive Right to Competency
United States versus Morin

Competency to Consent to a Search or Seizure
Fourth Amendment

Competency to Confess
Brown vs. Mississippi
Miranda vs. Arizona
Colorado vs. Connelly

Competency to Plead Guilty
Seiling vs. Eyman
Godinez vs. Moran
Godinez, Warden vs. Moran

Competency to Waive the Right to Counsel
Godinez vs. Moran, McKaskle vs. Wiggins, Faretta vs. California

Competency to Refuse an Insanity Defense
Whalem vs. United States, Frendak vs. United States

Competency to Testify
Legal Requirements for Testimonial Competence
Federal Rules of Evidence, Rule 601

Assessment of Witness Credibility
Federal Rules of Evidence, Rule 508

Competency to Be Sentenced and Executed
Saddler vs. United States

Competency at the Sentencing Proceedings
Chavez vs. United States

Competency to Be Imprisoned or Executed
Ford vs. Wainwright, Penry vs. Lynaugh

Competency to Refuse Treatment
Perry vs. Louisiana


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