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" We hold, consequently, that a person charged by a State U'ith a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine whether there is a... "
Corrections - Page 116
by United States. National Advisory Commission on Criminal Justice Standards and Goals - 1973 - 636 pages
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Reform of the Federal Criminal Laws: Hearings Before the Subcommittee on ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 1684 pages
...the pendency of charges empowered the state to detain one deemed incompetent to stand trial for only "the reasonable period of time necessary to determine...attain that capacity in the foreseeable future." " If the defendant Is unlikely to become competent within that period, he must be released unless subject...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 406

United States. Supreme Court - 1973 - 1054 pages
...4244 and 4246. Without a finding of dangerousness, one committed thereunder can be Reid only for a "reasonable period of time" necessary to determine whether there is a substantial chance of his attaining the capacity to stand trial hi the foreseeable future. If the chances are slight,...
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The Public Defender Service of the District of Columbia: An ..., Volumes 1-2

District of Columbia Public Defender Service, National Institute of Law Enforcement and Criminal Justice - 1974 - 394 pages
...406 US 715 (1972), the Supreme Court held that a defendant committed as incompetent can be held only "the reasonable period of time necessary to determine...is a substantial probability" that he will attain competency "in the foreseeable future." The following points are noteworthy: 1. The "reasonable period...
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Mental Retardation and the Law

1976 - 44 pages
...criminal offense who is committed to a State institution solely on account of his incapacity to proceed to trial, cannot be held more than the reasonable period...will attain that capacity in the foreseeable future. Further, if it is determined that such person will not attain that capacity to stand trial, then the...
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Drugs in Institutions: Hearings Before the Subcommittee to ..., Part 3

United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate Juvenile Delinquency - 1977 - 1374 pages
...to stand trial violates due process. It ruled that a defendant cannot be held more than a reasonable time necessary to determine whether there is a substantial probability that he will attain competency in the foreseeable future. If It is determined that he will not. the State must institute...
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Legislation to revise and recodify Federal criminal laws: hearings before ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - 1978 - 1104 pages
...Court ruled that: without a finding of dangerousness, one committed thereunder can be held only for a "reasonable period of time" necessary to determine whether there is a substantial chance of his attaining the capacity to stand trial in the foreseeable futura. (Emphasis added.) ....
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Revision of the Federal Criminal Code: Hearings Before the ..., Volumes 5-6

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - 1982 - 966 pages
...Court ruled that: "without a finding of dangerousness, one committed thereunder can be held only for a "reasonable period of time" necessary to determine whether there is a substantial chance of his attaining the capacity to stand trial in the foreseeable future." (Emphasis added.) Id....
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Revision of the Federal Criminal Code: Hearings Before the ..., Part 2

United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice - 1981 - 956 pages
...Court ruled that: "without a finding of dangerousness, one committed thereunder can be held only for a "reasonable period of time" necessary to determine whether there is a substantial chance of his attaining the capacity to stand trial in the foreseeable future." (Emphasis added.) Id....
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Mentally Disordered Offenders: Perspectives from Law and Social Science

John Monahan, Henry J. Steadman - 1983 - 328 pages
...defendant committed solely on account of his incapacity to stand trial "cannot be held more than a reasonable period of time necessary to determine whether...will attain that capacity in the foreseeable future" (pp. 737-38). The Court further required that any continued confinement of an incompetent defendant...
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Law, Behavior, and Mental Health: Policy and Practice

Steven R. Smith, Robert Meyer - 1988 - 792 pages
...period to determine if competency can be restored. The Court emphasized that an incompetent defendant "cannot be held more than the reasonable period of...substantial probability that he will attain that capacity [to stand trial] in the foreseeable future. . . . Furthermore, even if it is determined that the defendant...
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