Incompetent to Stand Trial
What is the definition of competency?
Ability to understand legal proceedings
Mike has been charged with arson. His lawyer keeps discussing the defendant and Mike is unsure who the defendant would be in his case. Who is the defendant in his case?
Mike
If a witness lies about you in court, what should you do?
Tell your lawyer
Why is your case on hold right now?
Competency Restoration
If someone is transferred to DPC-JEM for competency restoration in September, when will their next competency evaluation be?
There are 2 lawyers in the courtroom, who are they?
Prosecutor and Defense Attorney
What should you do if you become confused while you are in the courtroom?
Ask your lawyer to explain it
Who can determine the verdict?
The Judge or the Jury
After your competency evaluation, the person who evaluates you will write a report and send it to whom?
Judge, Defense Attorney, and Prosecutor
What side (prosecution or defense) is the jury on?
Neither, they are neutral
TRUE or FALSE?
You are allowed to speak in court whenever you want.
False, you are only allowed to speak in court when you are instructed to do so
Ashton was charged with burglary. She is talking with her lawyer regarding her potential options. Her lawyer tells her about 3 ways she could plead. What are these 3 pleas?
Guilty, Not Guilty, No Contest
TRUE OR FALSE?
The person who will be evaluating me for my next competency evaluation will be Marie.
False, the person who evaluates for competency is a psychologist or psychiatrist and may be someone you have never met before
What side is a witness on?
Either or, both the prosecution and the defense can have a witness
What is it called when you lie under oath?
Perjury
Molly decided to plead guilty to a lesser charge and a lesser sentence. When she did this, she gave up 4 of the rights that she has as a defendant. What 4 rights did Molly give up?
1. Right to a trial
2. Right to face her accuser
3. Right to remain silent/plead not guilty
4. Right to appeal her conviction
Who is the only person that can legally determine if a defendant is competent or incompetent?
The Judge
Who provides a defendant their sentence?
Judge
Contempt of Court
Who reads you your Miranda Rights?
Arresting Police Officer