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Articles Posted in Burden of Proof in competency hearings

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Executing the Incompetent? Rethinking U.S. Supreme Court Standards on Mental Capacity

Executive Summary This article examines whether the Supreme Court’s current standards for determining competence to be executed adequately protect individuals with severe cognitive impairments and mental illnesses. While landmark decisions , Ford v. Wainwright (1986), Panetti v. Quarterman (2007), and Madison v. Alabama (2019) , established that a person must…

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