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?
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Related Studies
| Definition (MSH) | The ability to understand the nature and effect of the act in which the individual is engaged. (From Black's Law Dictionary, 6th ed). |
| Concepts | Qualitative Concept (T080) |
| MSH | D016743 |
| English | Competence, Mental, Competency, Mental, Mental Competence, Mental Competency, mental competence, mental competency |
| Swedish | Mental kompetens |
| Czech | duševní schopnost |
| Finnish | Oikeustoimikelpoisuus |
| Russian | NEDOSTATOCHNOST' UMSTVENNAIA, UMSTVENNAIA SPOSOBNOST', KOMPETENTSIIA UMSTVENNAIA, КОМПЕТЕНЦИЯ УМСТВЕННАЯ, НЕДОСТАТОЧНОСТЬ УМСТВЕННАЯ, УМСТВЕННАЯ СПОСОБНОСТЬ |
| Japanese | 無能-精神的, 精神的無能, 能力-精神的, 精神的能力 |
| Croatian | UBROJIVOST |
| French | Capacité mentale, Aptitude intellectuelle, Aptitude mentale, Capacité intellectuelle, Compétence mentale |
| Polish | Kompetencja umysłowa, Zdolność pojmowania |
| Norwegian | Mental kapasitet, Mental kompetanse, Kompetanse, mental |
| German | Psychische Zurechnungsfähigkeit, Schuldfähigkeit, psychische, Zurechnungsfähigkeit, psychische |
| Dutch | Competentie, mentale, Geestelijke toerekeningsvatbaarheid, Psychische toerekeningsvatbaarheid, Toerekeningsvatbaarheid |
| Portuguese | Competência Mental |
| Italian | Capacità di intendere |
| Spanish | Competencia Mental |
