List of criminal competencies is a listing of the various types of competencies relevant to the defendant in criminal law in the United States. In the U.S. the law is permeated with competency issues since a state may not subject an individual who is "incompetent" to trial on criminal charges. In insisting on this requirement the law is acting on the premise that society recognizes only the actions of an autonomous individual. This is a list of the most relevant competencies that must be evaluated (if a question of incompetency is raised) in order to proceed.

Criminal Competencies

* Competency to Consent to a Search or Seizure - Fourth Amendment (''

Mapp v. Ohio ''Mapp v. Ohio'', 367 U.S. 643 (1961), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amen ...

'', '' Katz v. United States'', '' Florida v. Rodriguez'') * Competency to Stand Trial - (''

Dusky v. United States ''Dusky v. United States'', 362 U.S. 402 (1960), was a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial.. The Court outlined the basic standards ...

'') * Competency to Waive Right to Competency - ('' United States v. Morin'') * Competency to Confess - (''

Brown v. Mississippi ''Brown v. Mississippi'', 297 U.S. 278 (1936), was a United States Supreme Court case that ruled that a defendant's involuntary confession that is extracted by the use of force on the part of law enforcement cannot be entered as evidence and viola ...

'', ''

Miranda v. Arizona ''Miranda v. Arizona'', 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to ...

''. '' Colorado v. Connelly'') * Competency to Plead Guilty - ('' Seiling v. Eyman'', ''

Godinez v. Moran ''Godinez v. Moran'', 509 U.S. 389 (1993), was a landmark decision in which the U.S. Supreme Court ruled that if a defendant was competent to stand trial, they were automatically competent to plead guilty, and thereby waive the panoply of trial ri ...

'') * Competency to Waive the Right to Counsel - (''

'', '' McKaskle v. Wiggins'', '' Faretta v. California'') * Competency to Refuse an Insanity Defense - ('' Frendak v. United States'') * Competency to Testify **Legal Requirements for Testimonial Competence - Federal Rules of Evidence, Rule 601 **Assessment of Witness Credibility - Federal Rules of Evidence, Rule 508 * Competency to Be Sentenced and Executed - ('' Saddler v. United States'') ** Competency at the Sentencing Proceedings ('' Chavez v. United States'') ** Competency to Be Imprisoned or Executed - (''

Ford v. Wainwright ''Ford v. Wainwright'', 477 U.S. 399 (1986), was a landmark U.S. Supreme Court case that upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing ...

'', ''

Penry v. Lynaugh ''Penry v. Lynaugh'', 492 U.S. 302 (1989), was a United States Supreme Court case that sanctioned the death penalty for mentally disabled offenders because the Court determined executing the mentally disabled was not "cruel and unusual punishment" ...

'', '' Panetti v. Quarterman'' ) * Competency to Refuse Treatment - ('' Perry v. Louisiana'')

Footnotes

{{DEFAULTSORT:Criminal competencies United States law-related lists Competencies, criminal Crime-related lists Law-related lists Forensic psychology Mental health law in the United States United States criminal procedure

Criminal Competencies

See also

Footnotes