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Preferred term

competency to stand trial  

Definition

  • Competency to stand trial, also know as fitness to stand trial, is a concept of jurisprudence whereby criminal proceedings are postponed as a matter of constitutional due process when a defendant is incapacitated by a physical or mental condition to the degree that the individual cannot meaningfully appreciate or participate in his or her own defense. This doctrine evolves from the fundamental belief that it is morally unjust to punish defendants unable to understand or participate in the criminal proceedings against them. [Source: Encyclopedia of Crime and Punishment; Competency To Stand Trial]

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https://concepts.sagepub.com/social-science/concept/competency_to_stand_trial

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