TY - JOUR PY - 2023// TI - Adjudicative competence in the context of a defendant's absence from trial after a suicide attempt JO - The journal of the American Academy of Psychiatry and the Law A1 - Williams, Joseph B. SP - 558 EP - 565 VL - 51 IS - 4 N2 - Defendants who are facing criminal charges in the United States have a constitutional right to be present at trial. This right can be voluntarily waived; for such a waiver to be valid, the defendant must be competent to waive the right to be present at trial. There have been several cases where a defendant is absent from trial because of a suicide attempt, and in these cases the courts must determine whether it is necessary to pause the criminal trial to allow for a competence hearing to take place. The U.S. Supreme Court offered guidance on this matter in its ruling in Drope v. Missouri; however, the Court did not clearly define the threshold for requiring a competence hearing when defendants attempt suicide during trial. Subsequent judicial rulings have provided insights into how courts might proceed when a criminal defendant is absent from trial following a suicide attempt. This topic has relevance to forensic psychiatry, as forensic psychiatrists may be called upon to participate in evaluations of adjudicative competence in these scenarios.
Language: en
LA - en SN - 1093-6793 UR - http://dx.doi.org/10.29158/JAAPL.230093-23 ID - ref1 ER -