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competency

memorize.ai (lvl 286)

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Section 1

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dusky standard

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Competition Prep

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Last updated

7 years ago

Date created

Mar 1, 2020

Cards (17)

Section 1

(17 cards)

dusky standard

Front

• The defendant must present Sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him."

Back

Problems with Language

Front

• greatest challenge was applying standards as to how to assess these people • How to define these things? • Lucid intervals: clear in through, organized, someone who suffered from psychosis but not always lucid

Back

54-56d

Front

statue of connecticut o An individual must be able to understand the charges they are faced with o and they must be able to assist in their own defense • Request for competency can occur at any point in the trial and can be requested by defense, prosecution, or judge. • Competency evaluations can occur in a number of settings including outpatient, jail, or inpatient. In CT a number of these are conducted in Whiting Forensic Services

Back

2 prongs in the courtroom

Front

o 1: be able to understand the proceedings in the court o 2: have to have a rational understanding of the proceedings be able to assist your attorney/ defense • when someone has severe illness it is hard for them to do this

Back

Adjudicative Competency

Front

• Competency pertains to the psychology and medical functioning of a defendant throughout the judicial process ...Questions of competency can be raised at any point during judicial process up until the completion of the sentencing

Back

competency

Front

Adjudicative competency as we know it today stems from the landmark decision of Dusky v United States (1959).

Back

Henderson article

Front

o Discussing what we not refer to as competency and mental capacity o Competency referring to mental status of the individual throughout the adjudicative process o "sanity of the individual at the time of the offense ...As such, an individual can be competent and "sane" at the time of trial but "insane" at the time of the offense.

Back

Problems with dusky standard

Front

o At what point do you have sufficient/ insufficient ability o Who determines this? o Vagueness o Ni terms of application in terms of what they think its saying o Rational understanding vs irrational understanding ♣ Judge and jurt against everyone else There is a grey area

Back

• Competency restoration groups

Front

o Aim to assist with understanding of: ♣ The legal system ♣ Criminal proceedings ♣ Pleas ♣ Sentencing and incarceration ♣ Acquittal ♣ Civil commitment • Mock Trials o Used to help familiarize patients with life like scenarios • Individual sessions o Focus on the specifics of the patient's case o Help alleviate psychological factors such as anxiety o Provide further behavioral observations

Back

54-56h- duration of comitment

Front

not competent not restorable • If patient is still found to be not competent a number of things can happen 1- if small petty charges... likely dropped and individual released 2- possibility of regaining consciousness... petition for extended commitment 3- if violent they are sent to psychiatric facility to be observed for extended period of time

Back

Process of Competency Evaluations in CT

Front

The patient is ordered to undergo evaluation • While at Whiting, the patient will undergo:-- this is how they assess competency o ongoing mental status examinations o behavioral observations o generally (but not always) psychological evaluations o Competency restoration o Psychiatric evaluation and ongoing medication monitoring o Physical evaluation • Goal is to find out if malingering is taking place... faking it Generally easy to tell

Back

Competency Evaluations

Front

• Administer variety of test • Want to catch malingering • Factors that are assessed o Understanding of legal proceedings, the defendants' rights o Rational understanding of the crime Diagnostic questions

Back

54-56h

Front

If found competent... • Based on the 54-56d standard they continue with their trial as normal If found incompetent... • Depending on the charges 2 things can occur o 1- the charges can be dismissed and the individual can go free o 2- the individual is committed to Whiting

Back

Monitoring

Front

• Patient is regularly monitored for the changes in competency, cogition, etc • Reports are provided monthly

Back

Godinez vs Moran

Front

• Moran was found competent o he had bizarre behavior throughout the trial though o he fired his attorney and wanted to represent himself • was found guilty and sentenced to death • Based on the Dusky Standard... o There would be nothing wrong with this • This was the landmark case that changed the Dusky Standard

Back

Competency Process

Front

• There are no federally regulated processes for the assessment of competency • Each state has its own set of standards • Once the decision for a competency evaluation has been made, the process again varies from state to state

Back

Specific Competency Measures

Front

• There are a number of measures designed specifically to assess competency to stand trial o The Competency Screening Test (CST) o The Georgia Court Competency Test o The MacArthur Competency Assessment Tool-Criminal Adjudication (MacCat-CA) • The validity is questionable with these tests

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