Competence to Stand Trial

Question 1

What is legal competence?

Answer 1

Whether an individual has sufficient present ability to meaningfully participate in and perform necessary legal functions.

Defendants are presumed to be competent unless proven incompetent.

Question 2

How many defendants suffering from a severe disorder are still founded competent?

Answer 2

2/3

Question 3

What is the Dusky Standard?

Answer 3

1. Foundational competence: the capacity to assist the council; implies a basic understanding of the trial process and court roles
2. Decisional competence: the capacity to make informed, independent decisions; critical to recognize that an assessment of competence focuses on the defendant’s ability, not willingness.

Question 4

What is the “Marriage of Davis”?

Answer 4

Refers to a legal case where the court examined whether a person can void a contractual obligation, such as divorce, due to mental illness that impairs their ability to consent.

Question 5

What is required to void a contract?

Answer 5

Evidence of mental illness and applies two tests:

1. Cognitive prong: Did the person have the ability to understand?
2. Volitional prong: Did the person have the ability to act reasonably in relation to the transaction?

Question 6

What is the difference between CST vs. Insanity?

Answer 6

Insanity deals with moral blames and CST requires merely a present understanding of the nature of the proceedings.

When found not competent to stand trial, the defendant is sent to a mental institution to “get competent” and then tried again.