Citation

Winick BJ. Behav. Sci. Law 1992; 10(3): 317-337.

Copyright

(Copyright © 1992, John Wiley and Sons)

DOI

10.1002/bsl.2370100304

PMID

unavailable

Abstract

This Article analyzes the concept of competency to be executed. It examines the Supreme Court's 1986 decision in Ford v. Wainwright, discussing both its Eighth Amendment and procedural due process determinations. It then considers the standard that should be applied in determining competency in this context and the procedures that the states should utilize to insure a fair determination consistent with due process. The article then considers the perplexing problem of whether an incompetent death row prisoner may assert a constitutional or statutory right to refuse treatment designed to restore him to competency for execution, examining both the constitutional and therapeutic implications of involuntary treatment in this context.

Language: en