Competency To Stand Trial Essay

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1. Competency to stand Trial: Refers to the ability or inability of a person to stand trial, and the inability could be due to an issue preventing them from being able to participate in their defense. If a person is considered incompetent, it could be for many reasons, for instance a mental or physical disorder as well as an intellectual disability. Allnutt, S., Samuels, A., & O 'driscoll, C. (2007). The insanity defence: From wild beasts to M 'Naghten. Australasian Psychiatry Australas Psychiatry, 292-298. 2. Insanity (legal sense): A person can be declared insane if they are conscious while committing the crime, committing the criminal act voluntarily, and had no intent to inflict harm. A person declared insane lacks rational intent due to a deficit or disorder, which inhibits their rational thinking …show more content…

Current Directions in Psychological Science, 43-47. Incompetency describes individuals who are currently unable to stand trial due to various factors. Incompetency can be a mental disorder, cognitive impairment, or intellectual disability. Defendants who are deemed incompetent are able to postpone their trial until their competency is restored. Two treatments used to restore competency are psychotropic medications and educational treatment programs. First, psychotropic medications are the most common treatment used to restore competency in defendants. This treatment is used to alleviate symptoms of mental disorders, so the defendant is able to stand trial at a later date, after the symptoms have at least partially subsided. These medications are given not to only alleviate symptoms, but also to ensure that symptoms from a mental disorder are not hindering the ability of the defendant to understand what is happening to them during the trial. This treatment is used to restore competency in those who have a mental disorder most likely a severe mental disorders. This disorder makes it difficult for them to understand and participate in legal

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