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Competence
Refers to a defendants capacity to function meaningfully and knowingly in a legal proceeding. Idea is that if someone cannot understand the nature and purpose of criminal proceedings, they should not continue. Competence applies at every stage in the criminal justice process, but is most often raised in pretrial hearings. A defendant can be found competent and still plead not guilty by reason of insanity
Most states use the Dusky standard in determining competence to plead guilty. However, some psychologists believe a separate standard should be applied.
Adjudicative Competence
Often used to replace competence to stand trial and competence to plead guilty. Describes many abilities defendants must possess in criminal legal proceedings. Two components - foundational component - decisional component
Evaluating Competency
After a competence examination is ordered by a judge, a psychologist or psychiatrist typically conducts the evaluation. Is concerned with the legal definition of competence, not the psychological definition. Pivotal question is if a mental illness is present, does is impair the defendants ability to participate in legal proceedings in a meaningful way and cooperate with their attorney?
Evaluating Competency
Depends on the case: - Competence standards may be less strict in a straightforward case. - Standards are typically more stringent in a complex trial. Most common way of evaluating competence is through various psychological tests.
Competency Evaluations
30, 000 defendants are evaluated each year to determine if they are IST. About 70% of defendants evaluated are found competent to stand trial. Defense attorneys question their clients competence in 15% of felony cases (compared to half that in misdemeanor cases). For every 1 defendant a jury finds not guilty by reason of insanity, 100 are found incompetent to stand trial.
Case Study
Competent or Not?