Abstract
During the 1960's numerous studies demonstrated that the right of defendants to a speedy trial was being abused by indeterminate incarceration in prison hospitals following a competency proceeding. In 1972, the Supreme Court, in Jackson v. Indiana, held that indeterminate commitment without likelihood of recovery was unconstitutional. Many states responded to this decision by changing their laws and practices. Nevertheless, recent commentators have continued to advocate curtailment or abolition of competency laws. Such proposals are criticized and further research is recommended to evaluate the status of competency laws and procedures from state to state.
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