Presumption of competence. Because being accused of mental illness is similar to
being accused of crime, we ought to presume that psychiatric "defendants" are
mentally competent, just as we presume that criminal defendants are legally
innocent. Individuals charged with criminal, civil, or interpersonal offenses
ought never to be treated as incompetent solely on the basis of the opinion of
mental health experts. Incompetence ought to be a judicial determination and the
"accused" ought to have access to legal representation and a right to trial by
jury. Thomas Szasz, MD