Competency standard clarified; mental capacity to stand trial is at issue

Article Abstract:

The US Supreme Court in Godinez v. Moran resolved a controversy on whether waiving counsel and pleading guilty requires a different standard of competency than that required for standing trial. The court ruled that the levels of competency required are the same. The decision seems to run counter to much legal and medical opinion. The ABA standards on the subject, for instance, favor different standards of competency for standing trial and pleading guilty. The Court left open the possibility for states to develop more elaborate competency standards.

Competency to stand trial

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Protecting underage witnesses; sexual abuse

Article Abstract:

Increasing research on young children's recollections and accounts of abuse can teach courts how to enable children to give reliable testimony in abuse cases. Attempts to adjust courtroom practice to the particular psychological needs of child abuse victims have included the following: codifying hearsay exceptions for child abuse charges by children, admitting a child's videotaped statement as evidence and doing away with competency examinations for young children.

Management, Child sexual abuse, Children as witnesses, Child witnesses

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Beat defense witnesses at their own game; Judith A. Livingston

Article Abstract:

Medical malpractice plaintiffs' attorney Judith A. Livingston believes acquiring an extensive knowledge of the medical issues is the key to winning. This strategy has stood her in good stead as her career winnings come in at nine verdicts of more than $1 million and 15 settlements of that sum or more. In addition to medical books, two consulting physicians on the firm's payroll help her become proficient in the medical issues of her cases.

Methods, Practice, Trial practice, Livingston, Judith A.

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