Adjudicative competence
Encyclopedia
Adjudicative competence, also referred to as competence to stand trial
Competence (law)
In American law, competence concerns the mental capacity of an individual to participate in legal proceedings. Defendants that do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify...

, is a legal construct describing the criminal defendant's ability to understand and participate in legal proceedings. This includes the defendant's current ability to participate in various pleas and waivers of rights. It is unrelated to any possibility of an insanity plea. It is also unrelated to the ability of the defendant to represent himself, or to any evaluation of mitigation factors
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...

. The definition of adjudicative competence was provided by the United States Supreme Court in Dusky v. United States
Dusky v. United States
Dusky v. United States, , is a landmark decision affirming a defendant's right to have a competency evaluation before proceding to trial. In this case, the court outlined the basic standards for determining competency....

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An empirical basis for the clinical assessment of competence has not yet been established.

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