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Abstract: 

In ordinary parlance, competent is an adjective used to describe a person as qualified; as having the knowledge or skills sufficient to the task. Competence in law tracks competence as used in day-to-day descriptions. In the criminal justice process alone, competency may be an issue at every decisional point where a defendant is more than a passive object (as in an arrest) and that includes consent to search, trial, sentencing, and even execution. Yes, execution.

Keywords: trial competence; Deere v. Cullen, 718 F.3d 1124; ineffective assistance of counsel; irrational compulsion

Affiliations:  1: Executive Editor.