July 15, 2019 Mental Health

Restoration Period: Trying to Make the Defendant Competent . . . Again?

Eric Y. Drogin

The inaugural installment of this column suggested that Criminal Justice readers “might be tempted to believe that there is little or nothing new to say” about the oft-visited topic of trial competency. In the ensuing few years, however, there has been a notable uptick in interest regarding the typically complex aftermath of many such proceedings: namely, an attempt at “competency restoration.” Let’s explore how a prosecutor might consult with a reputable forensic psychologist in order to ensure that—as Yogi Berra once observed—“it ain’t over till it’s over.”

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