[Investigation of verdicts in lawsuits involving competency to stand trial]

Full Abstract

In Japan, few discuss the issues concerning competency to stand trial in criminal cases. The author investigated 24 verdicts of Japanese courts addressing this issue. The definition of such competency by the Supreme Court is not sufficiently explicit. Some verdicts have held defendants incompetent for their lack of ability to:
communicate; comprehend their situation; understand the details and ramifications of acts of litigation; or comprehend the abstract concept of their right to silence/right against self-incrimination. Others found that the accused had life skills and understood the issues surrounding the lawsuit in both practical and general terms, making the person competent to stand trial. The author examined how the cases were dealt with when the defendants were found incompetent--whether they were suspended or dismissed; how and where defendants were treated psychiatrically--; what was done when the accused dismissed the appeal in a capital case, was suffering from mental disorder induced by detainment; as well as how competency should be regarded before charges are brought, when the transcript of indictment is sent, at the appellate court level, etc. The author also introduced some assessment tools used for assessing competency to stand trial in the United States.

Learn Faster Today Improve your study skills

Author information

Author/s: Nakajima, Naoshi (N);

Affiliation: Tama-Aoba Hospital. czx00547(-atsign-)nifty.ne.jp

Journal and publication information

Publication Type: English Abstract; Journal Article; Review

Journal: Seishin shinkeigaku zasshi = Psychiatria et neurologia Japonica (Seishin Shinkeigaku Zasshi), published in Japan. (Language: jpn)

Reference: 2006-; vol 108 (issue 11) : pp 1128-41

Dates: Created 2007/02/22; Completed 2007/04/04;

PMID: 17313060, status: MEDLINE (last retrieval date: 12/26/2008)

Sourced from the National Library of Medicine. Abstract text and other information may be subject to copyright.

External Links for this article (including full text providers, if available):

Click Electronic Full-text Provider Links to see options for finding the electronic full text links to this article. Note there may be a subscription or fee required for access to the full text. See our FAQ for information on finding FREE full text articles.

This article may also be located in paper journal collections available in many libraries. Use the Journal and Publication Information above to find the full article.

MeSH headings (categories)

This article was linked to the MESH Headings shown below.

Criminal Law - legislation & jurisprudence; trends
Disability Evaluation
Forensic Psychiatry
Humans
Insanity Defense

Insanity Defense
Japan
Mental Competency - legislation & jurisprudence
Mental Disorders - diagnosis
United States

These are the highest related articles currently in the database:

The insanity defense: five years of research (1993-1997). 29 Apr 1999
Contested boundaries: psychiatry, disease, and diagnosis. 30 Dec 2005
Neuroimaging techniques for memory detection: scientific, ethical, and legal issues. 30 Dec 2007
Sell v. U.S.: involuntary treatment case or catalyst for change? 30 Dec 2004
Monitored conditional release of persons found not guilty by reason of insanity. 30 Mar 1991
Guilty but insane: the insanity defence in Ireland, 1850-1995. 29 Apr 1997
Stalking. Part II: Victims' problems with the legal system and therapeutic considerations. 30 May 1998
Mental health courts show promise. 16 Apr 2007
Implications of fMRI and genetics for the law and the routine practice of forensic psychiatry. 30 Dec 2007
The insanity defence in Canada: setting a new course. 30 Dec 1993

See 100+ related articles.