Defenses Part 2 Flashcards
The _____ ________ _______ prohibits the prosecution of a defendant who is not competent to stand trial.
Due Process Clause
___________ is usually a pre trial determination.
Competency
The _________standard differed from the insanity defense (which addresses “criminal responsibility at the time of the crime.”
Competency
A competency evaluation addresses wheter the defendant, due to a mental disease or defect, lacks the capacity to
1.
2.
- consult with their attorney to assist in their defense; or
- Understand the nature of the proceedings brought against them
If a defendant is incompetent, “due process considerations require _________ of the criminal trial until such time, if any, that the defendant regains the capacity to participate in his defense and understand the proceedings against him.
Suspension
If a defendant is incompetent, “due process considerations require suspension of the criminal trial until such time, if any, that the defendant Regina’s the capacity to participate in his defense and understand the proceedings against him.”
A defendant cannot be held:
More than a reasonable period of time necessary to determine whether there is a substantial probability that he will attain that capacity in the near future.
A defendant cannot be held “more than the reasonable period of time necessary to determine wheter there is a substantial probability that he will attain the capacity in the near future.
If there is a substantial probability, the defendant is:
If not, the defendant:
If there is a substantial probability, the defendant is: held and reevaluated
If not, the defendant must be released or committed under civil proceedings
Due Process requires states to prove a defendant access to procedures for making a ________ evaluation.
Competency
Due Process requires states to provide “a defendant access to procedures for making a competency evaluation. But states do not have to assume the burden of proving competency and may place the burden of showing incompetency on the _____________.
Defendant
Essentially, there is. Presumption of competency that a defendant must overcome by a preponderance of the evidence. True or false
True
Defendant suffered (a) a disease of the mind; (b) that caused a defect of reason; (c) so that at the time of the offense that defendant lacked the ability to either (1) understand the nature and quality of their actions or (2) know the wrongfulness of their actions.
M’Naghten Test
Defendant due to a mental disease or defect was unable to control their actions or conform their conduct to the law.
Irresistible Impulse Test
The offense was the product of a defendant’s mental disease or defect.
Durham (New Hampshire) Test
Defendant due to a mental disease or defect lacked the substantial capacity to either: (a) appreciate the criminality of their conduct; or (b) conform their conduct to the requirements of the law.
MPC Test
