Incompetency To Stand Trial: Is Psychiatry Necessary?
RICHARD H. BENDT M.D.1,
EUGENE J. BALCANOFF M.D.2, , and
GREGORY S. TRAGELLIS M.S., J.D.3
1 Staff Psychiatrist, Suffolk Superior Court Clinic, Boston, Mass. and Instructor in Psychiatry, Harvard Medical School, and Assistant Psychiatrist, McLean Hospital, Belmont, Mass. 02178
2 Director, Suffolk Superior Court Clinic, Boston, Mass. and Instructor of Clinical Psychiatry, Harvard Medical School, and Lecturer in Psychiatry, Boston College School of Law
3 Psychiatric Social Worker, Suffolk Superior Court Clinic, Boston, Mass.
Although psychiatrists disagree about whether they should have a role in the courtroom, the legal system continues to ask their help in evaluating defendants' competency to stand trial. The authors present four case reports that illustrate how psychiatrists can and should participate in the legal process. They also suggest that psychiatrists may be able to help protect a defendant's right to a speedy trial by preventing unnecessary hospitalization.
