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48 - Restoration

The Sequel to Incompetency to Stand Trial

from Part VI - Perspectives from the Field

Published online by Cambridge University Press:  22 February 2024

Monica K. Miller
Affiliation:
University of Nevada, Reno
Logan A. Yelderman
Affiliation:
Prairie View A & M University, Texas
Matthew T. Huss
Affiliation:
Creighton University, Omaha
Jason A. Cantone
Affiliation:
George Mason University, Virginia
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Summary

Once a defendant is deemed incompetent to stand trial (IST), the evaluator must indicate whether restoration can occur within the foreseeable future. This restoration must occur in a “reasonable” – but undefined – period. If restorable and the defendant is in the community, an outpatient restoration program might be utilized but only if the defendant does not constitute a physical threat to the community. If the defendant is incarcerated, the restoration process will likely occur in a secure hospital setting or a jail setting. Unfortunately, not every jurisdiction has an outpatient restoration program or a jail restoration program. The nature of the crime often creates what I call a “justice” bias toward competency or the restoration process. The more heinous the crime the more likely the defendant is to be competent or IST but restorable.

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Publisher: Cambridge University Press
Print publication year: 2024

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References

Gowensmith, W. N., & Frost, L. E. (2016). Looking for beds in all the wrong places: Outpatient competency restoration as a promising approach to modern challenges. Psychology, Public Policy, and Law, 22, 239305.CrossRefGoogle Scholar
Jackson v. Indiana, 406 US 715, 738 (US Supreme Court 1972). Justia Law. https://supreme.justia.com/cases/federal/us/406/715/.Google Scholar
Ltc. (n.d.). Nebraska Legislature. Section 71–1107 Neb. Rev. Stat. https://nebraskalegislature.gov/laws/statutes.php?statute=71-1107.Google Scholar
Ltc. (n.d.). Nebraska Legislature. Section 29–1823 Neb. Rev. Stat. https://nebraskalegislature.gov/laws/statutes.php?statute=29-1823.Google Scholar

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