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Definition of competency to stand trial
Definition of competency to stand trial
Definition of competency to stand trial
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During a criminal proceeding there are many aspects taken into consideration, in order to properly declare someone ‘competent’ to stand trial. Many would mistakenly interpret competency to stand trial as a psychological term, although it is in fact a legal definition. Legal competency consists of many components, which vary from: competency to confess, competency to waive Miranda rights, competency to make decisions over the medication imposed upon them and lastly, competency to stand trial. Competency to stand trial is very important in legal proceedings because it establishes the defendant’s ability to participate in complex procedures that could lead to their incarceration; it is a legal standard that imposed by the United States justice system with the affinity to determine if the defendant has the mental capacity to understand all aspects of the criminal proceedings, from the time the defendant is arrested to the time the suspect is sentenced. In addition, this legal standard is imposed to allow the defendants to have a fair trial and thus be able to rationally and reasonably grasp all the information provided in court, as well as be able to dialogue with an attorney and provide all the crucial evidence needed to defend his or her case. Determining whether a defendant has a full awareness and the mental capacity to provide evidence and participate in their defense, it’s a huge responsibility. The court, along with the help of mental health professions use competency to stand trial evaluations in order to identify if the defendant is competent or incompetent to stand trial. (Costanzo & Krauss 2012) The Supreme Court has made it sufficiently clear that in order for an individual to be incompetent to stand trial, the defendant n... ... middle of paper ... ... stand trial. (Felthous 2014) Comparatively, it is evident that the Dusky Standard was used as guidance for many important Supreme Court cases, such as a more recent case in 2008, Indiana v. Edwards. In this case, Ahmad Edwards also suffered from schizophrenia; just like Milton Dusky in Dusky v. United States at the time he committed a felony. Edwards was in his local Indiana department store when he was approached by a security guard who witnessed him stealing a pair of shoes; when Edwards felt threatened he took out a gun and fired at the security guard, the gun shot passed through the security guards leg and hit another innocent individual. After committing the offense, he wanted to flee the scene. He was held in custody for a numerous felonies, and spent 5 years being submitted to a large amount of CST evaluations, to determine his competency to stand trial.
On June 7th 2008, Sarah May Ward was arrested for the murder of Eli Westlake after she ran him over in a motor vehicle in St. Leonards. Prior to the incident the offender had been driving the wrong way down Christine Lane which was a one way street. Whilst this was occurring she was intoxicated, under the influence of marijuana, valium, and ecstasy and was unlicensed to drive. The victim and his brother who were also intoxicated, where walking down the lane and where nearly hit by the offender. This prompted the victim to throw cheese balls at the car and make a few sarcastic remarks regarding her driving ability. After a brief confrontation between the two parties the victim and his brother turned away and proceeded to walk down Lithgow Street. The offender followed the victim into the street and drove into him while he was crossing a driveway.
When a person is accused of a crime, it is the responsibility of a judge to deem them competent to stand trial, mentally unstable to at the time of their trial, or not guilty by reason of insanity. This was something that was highly disputed during and after the case of John Salvi. John Salvi was an anti-abortionist of strong Catholic faith who shot and killed two people in attacks at Planned Parenthood clinics.
You’re woken up by police officers one morning. They say that they are taking you to be questioned for the murder of Hae Min Lee. That’s what happened to Adnan Syed, a young man sentenced to life in prison for murdering his ex-girlfriend. This would be any old hear-it-and-forget-it case, except that there were multiple problems with the case. The evidence that the State used was flawed.
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
Every once in awhile, a case comes about in which the defendant confesses to a crime, but the defense tries to argue that at the time the defendant was not sane. This case is no different; the court knows the defendant is guilty the only aspect they are unsure about is the punishment this murderer should receive. The State is pushing for a jail sentence and strongly believes that the defendant was sane at the time of the murder. It is nearly impossible for the defense to prove their evidence burden of 51%. The State claims that the defendant was criminally responsible at the time of the murder. By using excessive exaggeration, premeditation and motive, the Prosecution will prove that the defendant knew exactly what he was doing and how wrong it was.
The criminal justice system takes on a pivotal role in pursuing and preventing crimes in society. When a suspect is caught and then faced with charges for a violent crime, they legally have the right to a fair trial. In order for a criminal proceeding to successfully take place, the defendant must be fully aware of their surroundings, have a basic understanding of court procedures, as well as being capable of defending their one case. Competency to stand trial (CST) is essential for maintaining fairness in the courtroom and producing a just verdict. However, if a defendant is unable to understand legal proceedings due to mental illness or impairment, they must be thoroughly assessed and evaluated before declared incompetent to stand trial. Carrying out a case with a defendant who lacks mental capacity causes numerous issues because the individual is incapable of supplying their lawyers with information regarding their crime or any of the witness testimonies at trial. Lack of comprehensible communication between a defendant and attorney forces an ineffective defense in the case. Mental disturbances in the defendant that may cause disorderly conduct in the court room are considered disruptive and weaken the authority of the legal system. Supreme Court cases that have dealt with competency to stand trial issues over the years have made significant rulings, which have stressed the importance of identifying whether or not a defendant is in fact incompetent.
Defining and Assessing Competency to Stand Trial. (2004, February 23). Criminal Forensics Competency. Retrieved March 10, 2014, from http://forensicpsychiatry.stanford.edu/Files/Criminal%20Forensics/Competency.2.pdf
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Your honor, we the jury are here today to give our decision on the punishment in the case before the court titled the state of Texas v. James Broadnax. Your honor, as you and everyone in the court room here today recalls, the defendant was charged of murdering two people in their mid-to-late twenties. For the record purposes sir, let the record show the two victims go by the names of Mr. Stephen Swan and Mr. Matthew Butler. Let the record also further indicate the defendant goes by the name of Mr. James Broadmax.
On the other hand, if the defendant has no serious signs of mental illness, the defense attorneys will not attempt an insanity defense. This is because they know that juries are reluctant to accept it. Basically, the only way for a lawyer to prove his client’s insanity is to try to project what his client was thinking (or not thinking) at the time that the crime was committed. This is usually done by enlisting the testimonies of a psychologists or psychiatrists, who are known as “expert witnesses.”
Most countries in the world today do not use juries, and only a small percentage of cases in the United States are decided by juries. So it has been proven successful and holding trials without juries are certainly a possibility for our future. In may in fact be in society’s best interest to change or rather improve a system that is outdated and doesn’t always serve the people justice. A person has a right to choose between a jury of his peers of a bench (judge only) trial. It’s likely that citizens may prefer a jury trial as they may feel that pool of random citizens may be less critical or harsh than a judge, but in all honesty, if we’re talking about fairness, a judge who is an informed and trained professional definitely has a better idea of how to sentence a person on trial and looks at the evidence in a holistic way. A bench trial is better because it’s more efficient and cost-effective, judges are well-educated professionals, and juries may be biased or incompetent.
It is apparent that insanity, automatism and diminished responsibility share similarities and differences in their range of application and in definition. Insanity and automatism are most similar in that they both are full defences (with different outcomes) which exist when a defendant does not have the necessary actus reus or mens rea, whereas diminished responsibility is a partial defence which only applies to murder. The source of the defendant’s mental abnormality is the greatest point of distinction between all of the defences. Whether the abnormality is internal, external or a diagnosed medical condition will play a significant role in which defence can be used. As defences they are all used for a similar reason, and that is to eliminate or reduce liability for criminal offences.
There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse. Insanity and automatism are excuses and defences of failure of proof. While automatism and diminished responsibility can only be raised by the defendant, insanity can be raised by the defence or the prosecution. It can be raised by the prosecution when the defendant pleads diminished responsibility or automatism. The defendant may also appeal against the insanity verdict. With insanity and diminished responsibility, the burden of proof is on the defendant. With automatism the burden of proof is on the prosecution and they must negate an automatism claim beyond reasonable doubt.