The Competence of Criminal Defendants with Mental Retardation to Participate in Their Own Defense

seem both well-settled and well-suited to promote fairness in the criminal process. As the Supreme Court noted in 1975, "it has long been accepted that a person whose mental condition is such that he lacks the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense may not be subjected to trial."2 Whenever a defense attorney has a good faith doubt regarding the competence of his or her client, the attorney is obligated both to seek a clinical evaluation of the issue and to bring his or her doubts to judicial