Competency to Stand Trial Flashcards
What are the purpose of the CST evals?
To ensure fairness of legal proceedings
Defense attorneys and judges raise the issue of incompetency.
What court case decided who can raise the issues of incompetency?
Pate v. Robinson
________ is going back in time to evaluate the mental state at the time is the offense.
Insanity
_________ assesses a person’s current capacity and is NOT a defense.
Competency
What is the 2 prong Dusky standard?
1) have a factual and rational understanding of the parties and proceedings
2) Have the capacity to consult with his attorney in a reasonable manner
What are the Texas additions to the Dusky, but adds what?
The ability to testify
Ability to maintain courtroom decorum
Effect of medication on behavior and apperance
What must the defendant be able to define the role of?
The role of the defense attorneys, prosecutor, judge, jury, witness, client
What are the main stipulations for a rational understanding?
Mental illness doesn’t intrude understanding of the role of each party.
Can defendant communicate with attorney and answer questions?
Can defendant understand penalties if convicted?
Mental illness doesn’t equal ____________.
incompetency
What are the 2 reasons attorneys cite incompetency in defendants?
argumentativeness
failure to comply
What happens if a defendant is found incompetent?
Sent to hospital/outpatient care. But this doesn’t change the charge, it’s to protect fairness of legal system
Describe the restoration process of someone who is found incompetent and then sent to hospital?
Sent back to jail after being deemed competent; meds are often changed in jail, and can return to incompetency is there are long delays between trials.
In Texas, a defendant is incompetent to be executed if they don’t understand what 2 things?
1) that he or she is to be executed and that execution is imminent
2) the reason he or she is to be executed
