II. Definitions
- Mental Competency
- Sufficient understanding and memory to comprehend their own situation
- Understanding of the consequence of their proposed actions
- Competence is determined by a judge
- May indicate whether a person may stand trial
- Can they distinguish truth from fiction
- Can they assist their attorney in their own defense
III. Evaluation: Competency Hearing Questions
- Does he have a legal argument or position?
- How to defend self against charges?
- Can he behave in the courtroom?
- Does he relate to his attorney?
- Does he confide in and trust in his attorney
- Does he agree with his attorney?
- Has he thought of a strategy of lesser charges?
- What if he disagrees with the lawyer?
- Does he understand the roles of trial participants?
- Jury
- Judge
- Witnesses
- Prosecuting attorney
- Defense counsel
- Understanding of court procedure?
- Understanding of significance of charges?
- Understanding of the Penalty?
- Likely outcome of the trial?
- Is he able to inform attorney of the relevant facts?
- Can he challenge the prosecution witnesses?
- Is he coherent enough to give relevant Testimony?
- Is he self defeating or self-serving?