Pre-Trial Issues: Incompetency to Stand Trial & Insanity

Question 1

Standard for competency (2)

Answer 1

(1) whether he has the present ability to consult with his lawyer with a reasonable degree of rational understanding, or
(2) whether he has a rational as well as factual understanding of the proceedings against him.

Question 2

Presumption of Competency

Answer 2

Presumed competent unless proved by a preponderance of the evidence

Question 3

Competency Procedure (5)

Answer 3

(1) either party or the court may raise issue before or during trial
(2) Court may appoint experts
(3) Defendant entitled to jury trial
(4) Unanimous verdict required
(5) not the same jury that determines guilt

Question 4

Determination of Competency (2)

Answer 4

(1) if found normally committed to mental health facility

(2) Does not require dismissal of charges

Question 5

Restoration of Competency (5)

Answer 5

(1) Following hospitalization, if/when doctors find that he has attained competency to stand trial, then returned to court
(2) Either party may request jury trial
(3) Burden now shifts to state to prove competency
(4) unanimous verdict
(5) Not the same jury that determines guilt

Question 6

Insanity Defense Definition

Answer 6

An affirmative defense that at time of conduct, actor as a result of severe mental disease/defect did not know conduct was wrong

Question 7

Insanity v. Incompetency

Answer 7

Incompetency: present time
Insanity: time of offense

Question 8

Insanity Procedures (7)

Answer 8

(1) Presumed sane
(2) Burden by preponderance of the evidence
(3) Proponent must file notice of intent to raise insanity at least 20 days before trial
(4) If jury, jury determines if burden met
(5) if jury verdict is guilty, not guilty, or not guilty by reason of insanity
(6) Jury shall be informed of consequence of verdict of not guilty by reason of insanity
(7) Law provides for post-acquittal institutionalization for one acquitted by reason of insanity