Additional Competencies

parens patriae

the state as parent; the state as guardian can interfere for those who cannot protect themselves

competency to waive miranda rights - Miranda v. Arizona 1966

established suspects must have the ability to knowingly, voluntarily, + intelligently waive their rights (5th + 6th constitutional rights)

T/F: False confessions are very common

True

Brown v. Mississippi (1936)

made it illegal to physically threaten to get a confession

What did Brown v. MS lead police to do during interrogations?

"psychologically tugging at the suspect"
- can lie about evidence, make fake promises, psych. threats

competency to plead guilty

for cases that may not go to trial - when prosecution is strongly pushing for a plea & defense thinks it might help to go to trial

Ferrate v. CA (1975) -- competency to waive right to counsel (self defend)

"someone serving as their own attorney has a fool for a client"
- mentally ill clients often choose this such as narcissism, paranoia, psychosis

competency to testify

applies to any person who could be a witness
- must be capable of remembering, reporting, + grasp the importance of actually doing so

What factors would be of concern of a witness's testimony if found?

lack of:
- perception, memory, intelligence, reality testing, level of suggestibility, moral dev.

Ford v. Wainwright (1986) -- competency to be executed

prohibits the execution of the insane
- intellectual disability, dementia, severe mental illness

What moral reasons do we not execute "the insane"?

inhumane, does not serve retribution/deterrence, are you punishing the same person who committed the crime

Atkins v. Virginia (2002)

considered cruel + unusual punishment to execute a mentally retarded offense

Singleton v. Norris (2003)

if someone was already receiving meds/treatment, it can be mandated to restore competency but NOT allowed to begin a new line of treatment for this purpose