StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Competency to Stand Trial in the United States - Research Paper Example

Cite this document
Summary
Competency to Stand Trial (CST) in the United States I. Introduction The basis of the provision which protects a defendant against criminal prosecution as a result of incompetence to stand trial is within the Constitution’s clause on due process. Elkins, James R…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER96.9% of users find it useful
Competency to Stand Trial in the United States
Read Text Preview

Extract of sample "Competency to Stand Trial in the United States"

Download file to see previous pages

2). Many other cases cited these legal landmarks. Ten (10) of those cases offered by Elkins, James R. are listed in the appended Table of 10 CST Cases from 1975-2001. II. Testing for Sanity Incompetence to stand trial is not the same as insanity defense. According to the SHouse Law Group (2012), citing the following: “Penal code 1370 PC (a)(1)(A)”, and “People v. Crosier (1974) 41 Cal App 3d 712, 716”, and “Penal Code 1367(a) PC”, and “Penal Code 1367(the distinction is that insanity defense is a complete legal defense whereby the defendant will be deemed not guilty permanently, whereas CST was created to treat the defendant for a future trial after treatment and can still be convicted for a criminal offense.

It also matters to know that insanity defense is the condition of a defendant being insane at the time of the commission of the crime, whereas CST is during the trial. According to People v. Crosier (1974), the insanity defense depends on (in California courts) the results of the “M Naghton Test” which considers the answers to two questions, namely, “…first, did the defendant have sufficient mental capacity to know and understand what he was doing, and second, did he know and understand that it was wrong and a violation of the rights of another?” III. How CST Was Established Pirelli, Gianni; Gottdiener, William H.

; and Zapf, Patricia A.(2011, p.2) traced that people in USA have been enjoying the constitutional “right to be competent to stand trial” since the early 19th century. In a review of 68 cases from 1967 to 2008, incompetent and competent defendants were compared and analyzed. Their findings showed: (1) there was 8 times the number of defendants found to be with psychotic disorder among those found incompetent. (2) Unemployed defendants deemed incompetent to be tried in court were twice the number among those incompetent. (3) Those previously hospitalized due to psychiatric disease were twice the number of those without record of hospitalization for the same purpose among the defendants found incompetent for trial.

The US Supreme Court (1960, p. 402) defines competence as the “ability to consult with his lawyer with a reasonable degree of rational understanding – and whether he has a rational as well as factual understanding of the proceedings against him” aside from knowing the time, place, and having some recollections. The National Judicial College (NJC,2012) has an online list of SC decisions pertaining to the issue of Mental Competency since 1960 to 2008. These cases serve as precedents used as landmarks decisions for new cases with similar issues.

Such rulings should never be negated in the course of history without any sound basis for doing so, since they are models of sound judgement in a civilized society. IV. Mental Illness and Criminal Behavior Since mental illness is commonly used as a defence, the apprehension will normally be about the development of a trend that can acquit most criminals. How then does the court assure the public that this cannot happen? CST should not prejudice criminal complaints against defendants because the law presumes “competence to stand trial” (Elkins, J.R. 2011, par.5). It will take some facts for the defendant’s lawyer to question his client’

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Competency to Stand Trial in the United States Research Paper”, n.d.)
Competency to Stand Trial in the United States Research Paper. Retrieved from https://studentshare.org/law/1454511-competency-to-stand-trial-in-the-united-states
(Competency to Stand Trial in the United States Research Paper)
Competency to Stand Trial in the United States Research Paper. https://studentshare.org/law/1454511-competency-to-stand-trial-in-the-united-states.
“Competency to Stand Trial in the United States Research Paper”, n.d. https://studentshare.org/law/1454511-competency-to-stand-trial-in-the-united-states.
  • Cited: 0 times

CHECK THESE SAMPLES OF Competency to Stand Trial in the United States

A Growing Problem in the US Criminal Justice System

united states.... Mental Incompetency: A Growing Problem in the US criminal justice system “On any given day, at least 284,000 schizophrenic and manic depressive individuals are incarcerated, and 547,800 are on probation.... ? We have unfortunately come to accept incarceration and homelessness as part of life for the most vulnerable population among us" (Mahoney, as cited in Human Rights Watch, 2003, para....
10 Pages (2500 words) Essay

What Forensic Psychology Is

One such instance regards the concept of competency to stand trial.... According to Zapf and Roesch (2000), “competency to stand trial is a concept of jurisprudence allowing the postponement of criminal proceedings for those defendants who are considered unable to participate in their defense on account of mental or physical disorder” (p.... To determine Edward's competency to stand trial, the first person to interview would be the person who asked for the evaluation....
5 Pages (1250 words) Essay

Competency to Stand Trial

in the united states, it has been estimated that there are between 25,000 and 30,000 evaluations that are With the rise of felony arrest rates reported everywhere, the rate at which competency tests are sort for has increased as well.... competency to stand trial is one of the concepts of jurisprudence that allows the adjournment of criminal charges for those persons who are regarded as unfit or unable to take part in their defense because of physical or mental disorder as well as retardation....
4 Pages (1000 words) Research Paper

Juveniles and adults

(competency to stand trial in Preadjudicated and Petitioned Juvenile Defendants.... competency to stand trial in Preadjudicated and Petitioned Juvenile Defendants.... The adult standard is set forth regarding competency to stand trial by the United States Supreme Court in Dusky v.... A standardized measure of abilities germane to their competence to stand trial, (MacArthur Competence… Tool – Criminal Adjudication) was applied in conjunction with a new procedure for assessing psychosocial influences concerning the legal decisions that are required of a defendant....
2 Pages (500 words) Assignment

Competency to stand trial

This paper “competency to stand trial” seeks to understand the concept of “competency to stand trial” in the legal sense.... competency to stand trial is a legal construct founded on the prohibition of the English common law against trials in absentia and the ability of a defendant to participate in legal proceedings.... This paper seeks to understand the concept of “competency to stand trial” in the legal sense....
11 Pages (2750 words) Research Paper

Law Enforcement Agencies and the Judicial System

The following presentation will demonstrate how discrimination is used in the judicial system and law enforcement agencies in the aspects of race, gender, social institutions, or groups, employment opportunities, gender and judicial punishment and sentencing.... … According to the report discrimination occurs in virtually all institutions and is perpetuated by various groups who do not have respect or value for certain attributes....
9 Pages (2250 words) Research Paper

Forensic Psychology: Exploring the Insanity Plea

The insanity plea has attracted much attention because of its capability to acquit an individual who is presumed to have a mental illness on the basis of incompetent to stand trial or not guilty by reason of insanity.... This research will examine the concept of insanity plea in forensics....
7 Pages (1750 words) Research Paper

Crimes Against Humanity at the International Criminal Court

The court judges unanimously decided that for a defendant to be competent to stand trial defendant should have plenty at hand capability to confer with his lawyer by way of a sensible level of coherent understanding as well as a coherent in addition to a truthful understanding of the actions not in favor of him.... His trial was remanded for retrial, at which point his decree was abridged to 11 years....
6 Pages (1500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us