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32 UCLA L. Rev. 921 (1984-1985)
Restructuring Competency to Stand Trial

handle is hein.journals/uclalr32 and id is 935 raw text is: ARTICLE RESTRUCTURING COMPETENCY TO STAND TRIALt Bruce J. Winick* TABLE OF CONTENTS INTRODUCTION ........................................... 922 I. THE COSTS AND BURDENS OF THE INCOMPETENCY PROCESS ............................................. 928 A. The Costs of Competency Evaluation and Treatm ent ...................................... 928 B. The Burdens Placed on Defendants by the Incompetency Process ............................ 938 C. The Presumed Benefits of the Incompetency Process .......................................... 949 II. DEFENDANTS WISHING TO STAND TRIAL OR PLEAD GUILTY NOTWITHSTANDING THEIR IMPAIRED CAPACITY ........................................... 951 A. Waiver of the Incompetency Status and the Purposes of the Incompetency Doctrine ............ 952 1. The Relevance of the Common Law Origins of the Incompetency Doctrine .................. 952 2. Protecting the Decorum of the Trial Process.. 953 3. Fairness to the Defendant .................... 954 4. Accuracy in Adjudication .................... 954 5. The Appearance of Justice .......... 957 t Copyright © 1985 by Bruce J. Winick. * Professor of Law, University of Miami School of Law. B.A., Brooklyn College, 1965; J.D., New York University School of Law, 1968. A preliminary version of this Article was presented at a University of Miami School of Law Faculty Seminar, and at the Conference on Mental Health Law: Developments in the 1980's, held in Miami on February 24-25, 1984. I am grateful for the helpful comments received following these presentations, and particularly to Alexander D. Brooks, Jeremy R. Paul, Henry J. Steadman and David B. Wexler for reviewing and commenting on earlier drafts of the manuscript.

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