MEE Crim Pro

Question 1

Rule Statements - 2 PARTS: Ability to comprehend the trial process

Answer 1

General Rule: A defendant’s incompetency is a bar to trial. The judge has a constitutional duty to investigate and determine the competence of the defendant to stand trial if such evidence is apparent to the judge. The TEST for whether a defendant is competent to stand trial is the same test for determining whether the defendant is competent to plead guilty – i.e.,
Nature of the proceedings: whether the defendant comprehends the nature of the proceedings against him.
Consulting with lawyer: Whether defendant is able to consult with a lawyer with a reasonable degree of rational understanding.

Question 2

What is the M’Naghten test?

Answer 2

General Rule: Under the M’Naghten test, a defendant is not guilty if, because of a defect of reason due to a mental disease, the defendant did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act.
Standard: However, loss of control because of mental illness is not a defense under this test.
[EX]:
Application 1: Defect of Reason Due to a Mental Disease
Application 2: Nature and Quality of Act or Wrongfulness of Act