미국 형사절차상 발달장애인의 소송능력에 관한 연구

This study analyzes the issue of the Competency to Stand Trial arising when individuals with developmental disabilities become involved in criminal proceedings, focusing on the systems and practices in the United States, and aims to derive implications for Korean criminal procedure law. When an individual with developmental disabilities becomes a criminal defendant, if the degree of developmental disability is severe, the defendant may lack the Competency to Stand Trial to understand the meaning of the trial proceedings, communicate with counsel, and exercise their right to defense. Article 306 of the Korean Criminal Procedure Act stipulates the suspension of trial proceedings when a defendant lacks Competency to Stand Trial. However, in practice, there is a lack of specific legal principles regarding the criteria and procedures for determining Competency to Stand Trial. The United States established criteria for determining Competency to Stand Trial through the U.S. Supreme Court’s Dusky v. United States decision. According to one study, approximately 60,000 competency evaluations are conducted annually. Specifically, this study examined the CAST-MR (Competence Assessment for Standing Trial for Defendants with Mental Retardation), a specialized assessment tool for individuals with developmental disabilities, and the Slater Method, a competency restoration program, focusing on their specific content and effectiveness. The CAST-MR consists of 50 items assessing vocabulary and concepts, ability to assist with defense, and ability to state factual information. The Slater Method, through structured training across five modules, showed a competency restoration rate of 61.1% in one study. The United States, through the Jackson vs. Indiana ruling, prohibits the indefinite detention of individuals deemed incapable of litigation. If there is no foreseeable possibility of regaining Competency to Stand Trial in the foreseeable future, it mandates the initiation of civil involuntary commitment proceedings or orders release. Furthermore, to minimize detention during the litigation capacity assessment waiting period and recovery program period, community-based outpatient programs are actively utilized. The implications for Korea are as follows. First, systematic discussion is needed regarding the diverse procedural capacities of individuals with developmental disabilities, from the investigative stage through the trial stage. Second, the introduction of specialized assessment procedures and evaluation tools for determining Competency to Stand Trial is required. Third, establishing a legal basis for Competency to Stand Trial recovery programs and implementing measures to prevent prolonged detention periods are necessary. Fourth, the development of a psychological manual for legal professionals regarding individuals with developmental disabilities is urgently needed. Particularly, when determining permanent Incompetency to Stand Trial, the possibility of dismissing charges and preparing social welfare alternatives is necessary.