AssessingCompetencetoStandTrial-RadfordUniversity.pptVIP

Assessing Competence to Stand Trial Competence Refers to a defendant’s capacity to function meaningfully and knowingly in a legal proceeding. Idea is that if someone cannot understand the nature and purpose of criminal proceedings, they should not continue. Competence applies at every stage in the criminal justice process, but is most often raised in pretrial hearings. A defendant can be found competent and still plead not guilty by reason of insanity Why is Competence Important? Defendants need to be able to understand the charges against them so that they can meaningfully participate in the criminal justice system Punishment is only morally acceptable if the people understand why they are being punished The fairness and dignity of the adversary system requires that defendants be able to defend themselves against the charges brought against them Competence to Stand TrialDusky v. United States (1960) Defined as, “a sufficient present ability to consult with one’s attorney with a reasonable degree of rational understanding, and . . . a rational, as well as factual understanding of the legal proceedings against him.” Competent to Plead Guilty Requires that defendants: Understand the consequences of pleading guilty Understand the alternatives they face Have the ability to make a reasoned choice among the alternatives Most states use the Dusky standard in determining competence to plead guilty. However, some psychologists believe a separate standard should be applied. Criminal Justice Mental Health Standard Created as a compromise by the American Bar Association in 1989 No plea of guilty should be accepted from a defendant who is mentally incompetent A finding that a defendant is competent to stand trial should be sufficient to establish the defendant’s competence to plead guilty Criminal Justice Mental Health Standard The test for determining mental competence to plead guilty should be based on “whether the defendant has sufficient present ability to consult wi