medina california argued february decided june petitioner medina trial inter alia murder california granted motion competency hearing pursuant state law forbids mentally incompetent person tried punished establishes presumption competence placed petitioner burden proving incompetence preponderance evidence jury empaneled competency hearing found medina competent stand trial subsequently convicted sentenced death state affirmed rejecting medina claim competency statute burden proof presumption provisions violated right due process held due process clause permits state require defendant claiming incompetence stand trial bear burden proving preponderance evidence pp contrary medina argument mathews eldridge test evaluating procedural due process claims provide appropriate framework assessing validity state procedural rules part criminal law process clear mathews essential results raddatz ake oklahoma criminal law cases invoked mathews resolving due process claims rather proper analytical approach set forth patterson new york held power state regulate procedures carrying criminal laws including burdens producing evidence persuasion subject proscription due process clause unless offends principle justice rooted traditions conscience people ranked fundamental pp historical basis concluding allocating burden proof criminal defendant prove incompetence violates due process rule incompetent criminal defendant required stand trial deep roots country common law heritage settled tradition exists proper allocation burden proof competency proceeding moreover contemporary practice demonstrates remains settled view burden lie pp state allocation burden proof defendant transgress recognized principle fundamental fairness operation decision leland oregon upheld state right place defendant burden proving defense insanity compel conclusion procedural rule issue constitutional significant differences claim incompetence plea guilty reason insanity nonetheless state met due process obligation providing defendant access procedures making competency evaluation basis requiring assume burden vindicating defendant constitutional right tried legally incompetent persuading trier fact defendant competent stand trial pp allocating burden defendant inconsistent holding pate robinson defendant whose competence doubt deemed waived right competency hearing question whether defendant whose competence doubt deemed made knowing intelligent waiver quite different question presented although psychiatry inexact science reasonable minds may differ wisdom placing burden proof defendant circumstances state required adopt one procedure another basis may produce results favorable accused addition fact burden proof allocated state variety issues implicating criminal defendant constitutional rights mean burden must placed state lego twomey distinguished pp reasons discussed herein regard allocation burden proof presumption competence violate due process reason disturb state conclusion essence challenged presumption restatement burden kennedy delivered opinion rehnquist white scalia thomas joined filed opinion concurring judgment souter joined post blackmun filed dissenting opinion stevens joined post michael pescetta appointment argued cause petitioner briefs sarah plotkin holly wilkens deputy attorney general california argued cause respondent briefs daniel lungren attorney general george williamson chief assistant attorney general gary schons senior assistant attorney general pat zaharopoulos supervising deputy attorney general edward chikofsky william rold filed brief committee legal problems mentally ill association bar city new york amicus curiae urging reversal brief amici curiae urging affirmance filed solicitor general starr assistant attorney general mueller deputy solicitor general bryson paul larkin criminal justice legal foundation kent scheidegger charles hobson justice kennedy delivered opinion well established due process clause fourteenth amendment prohibits criminal prosecution defendant competent stand trial drope missouri pate robinson issue case whether due process clause permits state require defendant alleges incompetence stand trial bear burden proving preponderance evidence petitioner teofilo medina stole gun pawnshop santa ana california weeks followed held two gas stations dairy market murdered three employees establishments attempted rob fourth employee shot two attempted follow getaway car petitioner apprehended less one month crime spree began charged number criminal offenses including three counts murder trial petitioner counsel moved competency hearing cal penal code ann west ground unsure whether petitioner ability participate criminal proceedings record california law person tried adjudged punishment person mentally incompetent cal penal code ann west defendant mentally incompetent result mental disorder developmental disability defendant unable understand nature criminal proceedings assist counsel conduct defense rational manner ibid statute establishes presumption defendant competent party claiming incompetence bears burden proving defendant incompetent preponderance evidence shall presumed defendant mentally competent unless proved preponderance evidence defendant mentally incompetent trial granted motion hearing preliminary issue petitioner competence stand trial tried jury course hearing addition lay testimony jury heard conflicting expert testimony petitioner mental condition california gives summary gold psychiatrist knew defendant arizona prison system testified defendant paranoid schizophrenic incompetent assist attorney trial echeandia clinical psychologist orange county jail doubted accuracy schizophrenia diagnosis express opinion defendant competence stand trial sharma psychiatrist likewise expressed doubts regarding schizophrenia diagnosis leaned toward finding competence pierce psychologist believed defendant schizophrenic impaired memory hallucinations nevertheless competent stand trial sakurai jail psychiatrist opined although defendant suffered depression competent may malingering sheffield treated defendant knife wounds incurred jail give opinion competency issue trial instructed jury accordance defendant presumed mentally competent burden proving preponderance evidence mentally incompetent result mental disorder developmental disability app jury found petitioner competent stand trial new jury empaneled criminal trial record petitioner entered pleas guilty guilty reason insanity conclusion guilt phase petitioner found guilty three counts murder number lesser offenses moved withdraw insanity plea trial granted motion two days later however petitioner moved reinstate insanity plea although counsel expressed view reinstatement insanity plea tactically unsound trial granted petitioner motion sanity hearing held jury found petitioner sane time offenses penalty phase jury found murders premeditated deliberate returned verdict death trial imposed death penalty murder convictions sentenced petitioner prison term remaining offenses direct appeal california petitioner challenge standard proof set forth argued statute violated right due process placing burden proof establish competent stand trial addition argued violates due process establishing presumption defendant competent stand trial unless proven otherwise rejected contentions relying upon decision leland oregon rejected due process challenge oregon statute required criminal defendant prove defense insanity beyond reasonable doubt observed ordinarily great latitude decide proper placement proof burdens view subject defendant hardship oppression one might reasonably expect defendant counsel better access people facts relevant competency inquiry also rejected petitioner argument irrational retain presumption competence sufficient doubt arisen defendant competence warrant hearing decline hold matter due process presumption must treated mere presumption affecting burden production disappears merely preliminary often undefined indefinite doubt arisen justifies inquiry matter granted certiorari affirm ii petitioner argues decision mathews eldridge provides proper analytical framework determining whether california allocation burden proof competency hearings comports due process disagree mathews articulated test evaluating procedural due process claims requires consider irst private interest affected official action second risk erroneous deprivation interest procedures used probable value additional substitute procedural safeguards finally government interest including function involved fiscal administrative burdens additional substitute procedural requirement entail field criminal law defined category infractions violate fundamental fairness narrowly based recognition eyond specific guarantees enumerated bill rights due process clause limited operation dowling accord lovasco bill rights speaks explicit terms many aspects criminal procedure expansion constitutional guarantees rubric due process clause invites undue interference considered legislative judgments careful balance constitution strikes liberty order said spencer texas never thought decisions due process clause establish rulemaking organ promulgation state rules criminal procedure accord estelle mcguire marshall lonberger mathews involved due process challenge adequacy administrative procedures established purpose terminating social security disability benefits mathews balancing test first conceived address due process claims arising context administrative law although since characterized mathews balancing test general approach testing challenged state procedures due process claim parham applied variety contexts santosky kramer standard proof termination parental rights objection addington texas standard proof involuntary civil commitment mental hospital indefinite period invoked mathews resolving due process claims criminal law cases two occasions raddatz cited mathews balancing test rejecting due process challenge provision federal magistrates act authorized magistrates make findings recommendations motions suppress evidence ake oklahoma relied upon mathews holding indigent capital defendant made preliminary showing sanity time offense likely significant factor trial due process requires defendant provided access assistance psychiatrist without disturbing holdings raddatz ake clear mathews essential results reached cases raddatz supra adverted mathews balancing test explicitly rely upon conducting due process analysis raddatz supra marshall dissenting recites th test even attempt apply holding ake understood expansion earlier due process cases holding indigent criminal defendant entitled minimum assistance necessary assure fair opportunity present defense participate meaningfully judicial proceeding ake supra proper analytical approach one adopt set forth patterson new york decided one year mathews patterson rejected due process challenge new york law placed criminal defendant burden proving affirmative defense extreme emotional disturbance rather relying upon mathews balancing test however reasoned narrower inquiry appropriate goes without saying preventing dealing crime much business federal government irvine california plurality opinion lightly construe constitution intrude upon administration justice individual among things normally within power state regulate procedures laws carried including burden producing evidence burden persuasion decision regard subject proscription due process clause unless offends principle justice rooted traditions conscience people ranked fundamental speiser randall leland oregon snyder massachusetts patterson new york supra based review historical treatment burden proof competency proceedings operation challenged rule precedents say allocation burden proof criminal defendant prove incompetence offends principle justice rooted traditions conscience people ranked fundamental patterson new york supra internal quotation marks omitted historical practice probative whether procedural rule characterized fundamental see winship rule criminal defendant incompetent required stand trial deep roots common law heritage blackstone acknowledged defendant became mad commission offense arraigned able plead advice caution became mad pleading tried make defense drope missouri quoting blackstone commentaries accord hale pleas crown contrast settled tradition proper allocation burden proof proceeding determine competence petitioner concedes common law rule issue time constitution adopted entirely clear brief petitioner early english authorities either express view subject firth case howell kinloch case howell ambiguous king steel leach stating jury determined defendant mute visitation god deaf dumb mute malice arose presumption ideotism prosecution rebut demonstrating defendant capacity understand signs tokens nineteenth century english decisions take consistent position allocation burden proof compare turton cox burden defendant davies carrington kirwan burden prosecution see generally podola crim app collecting conflicting cases american decisions dating turn century also express divergent views subject chisolm sd defendant bears burden raising reasonable doubt competence state helm ark burden defendant prove incompetence contemporary practice limited relevance due process inquiry see martin ohio supra patterson new york supra demonstrates remains settled view burden proof lie federal government adopted procedures address issue defendant competence stand trial see brakel parry weiner mentally disabled law table pp ed enacted statutes like place burden proof party raising issue tit purdon supp number state courts said burden proof may placed defendant prove incompetence wallace state cert denied state aumann iowa state chapman barber state app en banc cert denied still state courts said burden rests prosecution diaz state del commonwealth crowley mass state bertrand state jones discerning historical basis concluding allocation burden proving competence defendant violates due process turn consider whether rule transgresses recognized principle fundamental fairness operation dowling respondent argues decision leland oregon upheld right state place defendant burden proving defense insanity beyond reasonable doubt compels conclusion constitutional like finding insanity finding incompetence necessary relationship elements crime state bears burden proof see also rivera delaware analogy convincing significant differences claim incompetence plea guilty reason insanity see drope missouri supra jackson indiana competency hearing emphasis defendant capacity consult counsel comprehend proceedings means test determine criminal responsibility time crime pate robinson harlan dissenting defendant incompetent due process considerations require suspension criminal trial time defendant regains capacity participate defense understand proceedings see dusky per curiam entry plea guilty reason insanity contrast presupposes defendant competent stand trial enter plea moreover due process clause affords incompetent defendant right tried drope missouri supra pate robinson supra said constitution requires recognize insanity defense see powell texas california law allocation burden proof defendant affect competency determinations narrow class cases evidence equipoise evidence defendant competent strong evidence incompetent see digilio cert denied cases recognize defendant constitutional right tried legally incompetent state failure observe procedures adequate protect defendant right tried convicted incompetent stand trial deprives due process right fair trial drope missouri state provides defendant access procedures making competency evaluation however perceive basis holding due process requires state assume burden vindicating defendant constitutional right persuading trier fact defendant competent stand trial petitioner relies upon decisions said allocation burden proof defendant circumstances inconsistent rule pate robinson supra held defendant whose competence doubt deemed waived right competency hearing digilio supra people mccullum state bertrand supra contradictory argue defendant may incompetent yet knowingly intelligently waive right determine capacity stand trial said also contradictory argue defendant may incompetent presumed possess sufficient intelligence able adduce evidence incompetency might otherwise within grasp digilio supra quoting pate robinson supra view question whether defendant whose competence doubt may waive right competency hearing quite different question whether burden proof may placed defendant hearing held rule announced pate driven concern impossible say whether defendant whose competence doubt made knowing intelligent waiver right competency hearing competency hearing held however defendant entitled assistance counsel estelle smith psychiatric evidence brought bear question defendant mental condition see cal penal code ann west supp see generally brakel parry weiner mentally disabled law although impaired defendant might limited ability assist counsel demonstrating incompetence defendant inability assist counsel constitute probative evidence incompetence defense counsel often view defendant ability participate defense david app ex rel roth zelker cert denied reasonable minds may differ wisdom placing burden proof defendant circumstances believe state may take factors account making judgments allocation burden proof see basis concluding placing burden defendant violates principle approved pate petitioner argues psychiatry inexact science placing burden proof defendant violates due process requires defendant bear risk forced stand trial result erroneous finding competency brief petitioner cases recognize subtleties nuances psychiatric diagnosis render certainties virtually beyond reach situations sychiatric diagnosis large extent based medical impressions drawn subjective analysis filtered experience diagnostician addington texas due process clause however require state adopt one procedure another basis may produce results favorable accused see patterson new york due process require every conceivable step taken whatever cost eliminate possibility convicting innocent person snyder massachusetts state procedure run foul fourteenth amendment another method may seem thinking fairer wiser give surer promise protection prisoner bar consistent precedents enough state affords criminal defendant whose behalf plea incompetence asserted reasonable opportunity demonstrate competent stand trial petitioner contends burden proof placed state allocated burden state variety issues implicate criminal defendant constitutional rights colorado connelly waiver miranda rights nix williams inevitable discovery evidence obtained unlawful means matlock voluntariness consent search lego twomey voluntariness confession decisions upon petitioner relies however control result involved situations government sought introduce inculpatory evidence obtained virtue waiver violation defendant constitutional rights circumstances allocating burden proof government furthers objective deterring lawless conduct police prosecution ibid purpose served allocating burden proof government competency hearing light determination allocation burden proof defendant offend due process difficult dispose petitioner challenge presumption competence imposed california law defendant required make threshold showing incompetence hearing required hearing defendant may prevented making decisions normally left discretion competent defendant people samuel petitioner argues trial expressed doubt defendant competence hearing held defendant deprived right make determinations reserved competent persons irrational retain presumption defendant competent rejecting contention california observed primary significance presumption competence place defendant people contest competence burden rebutting terms presumption competence one affects burden proof see reason disturb california conclusion essence challenged presumption restatement burden proof follows said presumption violate due process clause nothing today decision inconsistent longstanding recognition criminal trial incompetent defendant violates due process drope missouri pate robinson see also riggins nevada kennedy concurring judgment rather rejection petitioner challenge based determination california procedure constitutionally adequate guard results drope missouri supra reflects considered view raditionally due process required basic procedural safeguards observed subtle balancing society interests accused ha left legislative branch patterson new york supra judgment california affirmed concur judgment reject intimation balancing equities inappropriate evaluating whether state criminal procedures amount due process ante obviously applied balancing test mathews eldridge ake oklahoma case concerning criminal procedure see ake distinguished without disavowing analysis rests balancing equities mathews eldridge outlines remains useful guide due process cases mathews however address question much weight give historical practice context modern administrative procedures historical practice consider true new administrative regime established federal criminal sentencing guidelines agreed mathews may helpful determining process due context see burns souter dissenting agree historical pedigree give procedural practice presumption constitutionality see patterson new york presumption must surely rebuttable concept due process perhaps least frozen concept law least confined history absorptive powerful social standards progressive society neither unfolding content due process particularized safeguards bill rights disregard procedural ways reflect national historic policy griffin illinois frankfurter concurring judgment historical status quo read opinion allow weight given countervailing considerations fairness operation considerations much like evaluated mathews see ante less charitable reading opinion put odds many criminal due process cases required institute procedures neither required common law explicitly commanded text constitution see griffin illinois supra due process right trial transcript appeal brady maryland due process right discovery exculpatory evidence sheppard maxwell due process right protection prejudicial publicity courtroom disruptions chambers mississippi due process right introduce certain evidence gagnon scarpelli due process right hearing counsel probation revoked ake oklahoma supra due process right psychiatric examination sanity significantly question determining whether placement burden proof fundamentally unfair relevant considerations include whether government superior access evidence whether defendant capable aiding garnering evaluation evidence matter proved whether placing burden proof government necessary help enforce right right presumed innocent right free right tried competent balancing equities case agree burden proof may constitutionally rest defendant dissent points post competency determination based largely testimony psychiatrists main concern prosecution course defendant feign incompetence order avoid trial burden proving competence rests government defendant less incentive cooperate psychiatric investigations inconclusive examination benefit defense prosecution defendant may also less cooperative making available friends family might information defendant mental state may therefore decide complete picture defendant competence obtained defense incentive produce evidence possession potentially greater overall access information provided placing burden proof defense may outweigh danger close cases marginally incompetent defendant brought trial unlike requirement hearing psychiatric examination placing burden proof government necessarily increase reliability proceedings equities weigh much petitioner favor rebut presumption constitutionality historical toleration procedural variation creates points ante cases placed burden proof government distinguishable see colorado connelly burden proof government show waiver rights miranda arizona nix williams burden government show inevitable discovery evidence obtained unlawful means matlock burden government show voluntariness consent search lego twomey burden government show voluntariness confession cases government burden proof accords investigatory responsibilities obtaining confession government required ensure confession given voluntarily searching private area without warrant government generally required ensure owner consents search government parallel responsibility gather evidence defendant competence justice blackmun justice stevens joins dissenting teofilo medina may mentally incompetent state california convicted sentenced death one psychiatrist testified incompetent another psychiatrist psychologist testified several experts testified express opinion competence instructed presume petitioner medina competent jury returned finding competence know jury entirely undecided believe constitution forbids trial conviction incompetent person tolerates trial conviction person evidence competency equivocal unclear dissent right criminal defendant tried competent fundamental adversary system justice drope missouri due process clause forbids trial conviction persons incapable defending persons lacking capacity understand nature object proceedings consult counsel assist preparing defense see also pate robinson right tried competent foundational right effective exercise defendant rights criminal trial competence stand trial rudimentary upon depends main part rights deemed essential fair trial including right effective assistance counsel rights summon confront witnesses right testify one behalf remain silent without penalty riggins nevada kennedy concurring judgment words professor morris one world leading criminologists incompetent persons really present trial may able properly play role accused person recall relevant events produce evidence witnesses testify effectively behalf help confront hostile witnesses project trier facts sense innocence morris madness criminal law cases clear right tried competent critical prerequisite criminal process state procedures must adequate protect right pate emphasis added failure observe procedures adequate protect defendant right tried convicted incompetent stand trial deprives due process right fair trial drope words due process clause simply forbid state trying convicting person incompetent also demands adequate anticipatory protective procedures minimize risk incompetent person convicted justice frankfurter recognized related context deeply rooted principle society killing insane man respected least minimum provision assuring fair application principle inherent principle solesbee balkcom dissenting opinion anticipatory protective procedures necessary well previously emphasized difficulty retrospectively determining accused competence stand trial pate see also drope dusky see generally miller germain retrospective evaluation competency stand trial law psych expressly recognized one required procedural protections inquiry hearing sufficient doubt raised defendant competency drope pate view question case whether right hearing placing burden proving competence state necessary protect adequately underlying due process right part company today believe answer question affirmative ii initial matter believe approach case effectively asks answers wrong doctrinal question following lead parties mistakenly frames inquiry terms whether apply standard takes derived language patterson new york standard based functional balancing approach mathews eldridge ante put choice drope pate need decide whether procedure imposing burden proof upon defendant adequate protect constitutional prohibition trial incompetent persons however chooses patterson path announcing violation due process unless placing burden proof incompetency upon defendant offends principle justice rooted traditions conscience people ranked fundamental ante quoting patterson separating primary right right tried incompetent subsidiary right right bear burden proof incompetency acknowledges primary right fundamental common law heritage determines subsidiary right without settled tradition deserving constitutional protection ante approach mistaken severs two integrally related procedural rights examined meaningfully isolation protections due process clause borrow second justice harlan words simply series isolated points pricked terms specific level historic generality poe ullman dissenting opinion taken approach pate drope recognized defendant right competency hearing neither cases showing mere denial hearing doubt competency offended deeply rooted traditions american people events interpret reliance patterson undermine basic balancing government interests individual interest germane due process inquiry unwilling discount force tradition history patterson adopt exclusively approach due process analysis relying morrison california patterson looked convenience government hardship oppression defendant forming allocation burden proof decisions manifold within limits reason fairness burden proof may lifted state criminal prosecutions cast defendant limits substance state shall proved enough make defendant required repel proved excuse explanation least upon balancing convenience opportunities knowledge shifting burden found aid accuser without subjecting accused hardship oppression cf wigmore evidence vol cases cited quoting morrison california emphasis added morrison california historical cornerstone decisions area due process allocation burden proof considered constitutionality california criminal statute forbidding aliens eligible naturalization farm statute provided state proved defendant used occupied farm land burden proving citizenship eligibility naturalization rested upon defendant see time persons asian ancestry generally eligible naturalization see observed vast majority cases unfairness distribution burden defendant asian ancestry plainly observed evidence equipoise defendant mixed blood outward appearance readily reveal asian ancestry promotion convenience point view prosecution outweighed probability injustice accused ibid thus concluded escape hardship injustice outweighing many times procedural convenience unless burden persuasion respect racial origin cast upon people consistent morrison read opinion today acknowledge patterson relieve evaluating underlying fairness imposing burden proof incompetency upon defendant looks historical treatment burden proof competency proceedings also looks operation challenged rule precedents ante eventually turns determining whether rule placing upon defendant burden proof incompetency transgresses recognized principle fundamental fairness operation ante carrying inquiry points defendant already entitled assistance counsel psychiatric evaluation ante suggests well defense counsel view defendant ability assist defense ibid accordingly concludes enough state affords criminal defendant whose behalf plea incompetence asserted reasonable opportunity demonstrate competent stand trial ante unable agree conclusion clear ends engaging balancing inquiry meaningfully distinguishable mathews eldridge test earlier appears forswear perplexed recognizing careful balance constitution strikes liberty order ante emphasis added intimates apparent expertise criminal procedure centuries common law tradition criminal process warrant less careful balancing favor substantial deference legislative judgments ante due process clause process clause remain convinced requires careful balancing individual governmental interests stake determine process due iii believe requiring possibly incompetent person carry burden proving incompetent called adequate within meaning decisions pate drope protect defendant right tried competent variety contexts allocated burden proof prosecution part protective procedures designed ensure integrity specific underlying rights lego twomey example determined prosecution seeks use trial confession challenged involuntary prosecution must prove least preponderance evidence confession voluntary defendant entitled reliable determination confession fact voluntarily rendered see also colorado connelly burden prosecution show defendant waived miranda rights nix williams burden prosecution show inevitable discovery evidence obtained unlawful means matlock burden prosecution show voluntariness consent search equally weighty concerns warrant imposing burden proof upon state suggests cases distinguishable shift burden proof order deter lawless conduct law enforcement prosecutorial authorities case deterrence irrelevant ante anything distinction cuts point view deterrence official misconduct investigatory stage criminal process less fairness trial accurate determination defendant guilt defendant ability understand participate trial accordingly greater reason impose cost upon government form burden proof ensure fairness accuracy trial cf official misconduct form forcible kidnaping defendant trial violate defendant due process rights trial moreover given consideration interests wonder whether owes consideration public interest appearance fairness criminal justice system trial persons whose competence evidence inconclusive unquestionably undermine foundation system justice citizens confidence georgia mccollum ante kinds litigation plain burden proof lies may decisive outcome speiser randall sure requirement hearing threshold doubt competency provision psychiatric evaluation see ake oklahoma ensure least protection trial incompetent persons yet cases evidence inconclusive defendant bearing burden proof incompetency still subjected trial view introduces systematic unacceptably high risk persons tried convicted unable follow participate proceedings determining fate therefore agree reasonable minds may differ wisdom placing burden proof likely incompetent defendants ante second competency determination primarily medical psychiatric determination competency determinations large turn testimony psychiatric experts lawyers although competency legal issue ultimately determined courts recommendations mental health professionals exert tremendous influence judicial determinations rates agreement typically exceeding nicholson johnson prediction competency stand trial contribution demographics type offense clinical characteristics psycholegal ability psych citations omitted see also brakel parry weiner mentally disabled law ed testimony psychiatric experts may far infallible see barefoot estelle blackmun dissenting experts lawyers credited bestinformed able gauge defendant ability understand participate legal proceedings affecting third even assuming defense counsel bestinformed view defendant competency lawyer view likely outlet effect competency determination unlike testimony medical specialists lay witnesses testimony defense counsel far likely discounted factfinder biased defense counsel may also discouraged first place testifying fear abrogating ethical responsibility privilege see aba criminal justice mental health standards commentary introduction commentary pp way example case hand come little surprise neither medina two attorneys among dozens persons testifying six days competency proceedings case tr witness list like many psychological inquiries competency evaluations present state mental sciences best hazardous guess however conscientious solesbee balkcom frankfurter dissenting see also ake oklahoma addington texas drope unavoidable uncertainty expands range cases factfinder conclude evidence equipoise however dismisses concern grounds ue process require every conceivable step taken whatever cost eliminate possibility convicting innocent person ante quoting patterson yet surely due process clause requires conceivable steps taken eliminate risk erroneous convictions search vain guiding principle analysis determines risk wrongful conviction happens acceptable allocation burden proof reflects societal judgment risk error distributed litigants cf santosky kramer standard proof said well individual asked share equally society risk error possible injury individual significantly greater possible harm state addington texas costs state bearing burden proof competency prohibitive acknowledges several already bear burden ante allocation burden proof make difference narrow class cases evidence equipoise ante difficult cases state bear burden remitting defendant psychological observation ensure competent defend see cal penal code ann west supp defendant found incompetent shall delivered state hospital treatment facility promote defendant speedy restoration mental competence see also jackson indiana due process clause allows state hold incompetent defendant reasonable period time necessary determine whether substantial probability return competency narrow class cases evidence equipoise state reasonably expect speedily able return defendant trial iv term reaffirmed due process clause prevents taking measures undermine defendant right tried fully aware able defend riggins nevada reversed due process grounds conviction defendant subjected forcible administration antipsychotic drugs trial rejecting dissent insistence actual prejudice shown found clearly possible medications affected defendant ability follow proceedings substance communication counsel emphasis added see also id kennedy concurring judgment prosecution must show significant risk medication impair alter material way defendant capacity willingness react testimony trial assist counsel emphasis added consider less likely petitioner medina tried sentenced death effectively unable defend share remarkable confidence othing today decision inconsistent longstanding recognition criminal trial incompetent defendant violates due process ante believe constitutional prohibition convicting incompetent persons remains fundamental state liberty go forward trial evidence competency inconclusive accordingly dissent footnotes recently several members expressly declined limit mathews eldridge balancing civil administrative context determined mathews provides appropriate framework assessing validity criminal rules procedure see burns souter joined relevant part white dissenting applying mathews federal criminal sentencing procedures stating mathews apply civil administrative determinations mathews analysis thus used general approach determining procedures required due process whenever erroneous governmental action infringe individual protected interest also acknowledges previously relied mathews eldridge least two cases concerning criminal procedure ante citing ake oklahoma due process requires appointment psychiatrist defendant sanity time offense significant factor trial raddatz due process require federal district judges make de novo determination live testimony issues presented motion suppress claims clear mathews essential results reached ake raddatz ante sure means cases unquestionably set forth full mathews test evaluated interests see ake raddatz find clear anything two cases specific rights asserted historically novel hardly said constituted principle justice rooted traditions conscience people ranked fundamental