Without Limitation: 'Groundhog Day' for Incompetent Defendants
28 Pages Posted: 1 May 2008 Last revised: 15 May 2008
Abstract
This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.
Keywords: competency, defendant, pre-trial detention, due process, capital punishment, death penalty, Virginia
JEL Classification: K4, K41
Suggested Citation: Suggested Citation