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Determining a Criminal Defendant's Competency to Proceed With an Extradition Hearing.

Jennifer Piel1, Michael J Finkle2, Megan Giske2

  • 1Dr. Piel is Staff Psychiatrist, VA Puget Sound Health Care System, and Acting Assistant Professor, University of Washington, Seattle, WA. Judge Finkle presides in the King County District Court, King County, WA, and is an Adjunct Professor of Law at Seattle University School of Law, Seattle, WA. Ms. Giske is a Staff Attorney with the Northwest Defenders Division of the King County Department of Public Defense, Seattle, WA. Dr. Leong is a Clinical Professor, Department of Psychiatry and Behavioral Sciences, Keck School of Medicine, University of Southern California, Los Angeles, CA. jennifer.piel@va.gov.

The Journal of the American Academy of Psychiatry and the Law
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Summary
This summary is machine-generated.

Fugitives may have a right to competency during extradition hearings, but legal standards vary by state. Further legislation is needed to guide evaluations and address outcomes for those found not competent.

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Area of Science:

  • Legal Psychology
  • Criminal Justice

Background:

  • Extradition is the legal process for returning a criminal defendant from an asylum state to a requesting state.
  • Few states have addressed a fugitive's right to competency during extradition proceedings.

Purpose of the Study:

  • To examine the varying legal standards for fugitive competency in extradition hearings.
  • To highlight the need for guidance in competency evaluations and subsequent actions for fugitives found not competent.

Main Methods:

  • Analysis of existing state legal standards for fugitive competency in extradition.
  • Categorization of states based on their adopted competency standards.

Main Results:

  • States categorize into three groups regarding fugitive competency: applying criminal trial standards, using limited standards, or recognizing no right to competency.
  • The adopted legal test influences the scope of psychiatric/psychological evaluations.

Conclusions:

  • There is a lack of consistent legal standards for fugitive competency in extradition across states.
  • Legislation is needed to provide clear guidance for competency assessments and management of fugitives found not competent.