| Abstract: | The authors employed a structured interview to ascertain public defenders' perceptions of their clients' competence and the degree of their participation in the defense. In a sample of 122 randomly selected, non-dismissed felony cases, attorneys had doubts about the competence of 14.8% (n = 18) of their clients. Attorneys reported that clients whose competence was doubted were less involved in decision-making and, overall, were passive participants in their cases. Nearly one-half of these clients were not referred for assessment by a mental health professional. The authors compare the practices of attorneys faced with clients of suspected competence with those of mental health clinicians treating patients with impairments in decision-making capacity. |
