Competency

Question 1

Competency

Answer 1

6th Amendment: Defendant must be competent to proceed through the CJS
Applies to both civil and criminal
No trials in absentia

Question 2

CST

Answer 2

Competency to Stand Trial
Dusky v. US (1960) established the legal standard
Def must have a “rational and factual” understanding of the proceedings

Question 3

Jackson v. Indiana (1972)

Answer 3

SCOTUS: Due Process violation to be held indefinitely (release or civil commitment)

Question 4

reasonable time

Answer 4

time otherwise served incarcerated

Question 5

Gold Standard Competency

Answer 5

Hawaii’s trifold system: defense, prosecutor, and court performs evaluations

Question 6

CTS (4 domains)

Answer 6

*Factual and rational understanding
*Consult with counsel
*overall rational ability
*assess attempts to feign incompetence

Question 7

Compentency- Possible outcomes

Answer 7

1. Trial delayed until competency is restored (Jackson v. Indiana (1972))
2. Charges get dismissed
3. Civil Commitment

Question 8

Nature of the Evaluation (5 Objectives)

Answer 8

1. Functional description of def’s abilities
2. Causal explanation for deficits in abilities
3. The interactive significance of deficits
4. Conclusory opinions about competence (rather controversial)
5. Prescriptive mediation for deficits

Question 9

Common Characteristics of incompetent defendants

Answer 9

Serious psychiatric disorder
organic diagnosis
mental retardation/intellectual disability

Question 10

Restoration of Competency

Answer 10

Attempts to restore competency for court proceedings to continue