Competence
What is it called when you are struggling to understand the charges against you, the nature of courtroom proceedings, or are having difficulty effectively communicating?
Incompetent to proceed
Any offense punishable by not more than 90 days in jail, and fines of $1,000
A misdemeanor
Who is the person sitting in front and center of the courtroom? This person is sometimes called "the referee."
The judge
What do we call someone who is charged with a crime?
The defendant
What is the constitutional right to a fair trial before a legal system can consider removing someone's right to life, liberty or the pursuit of happiness?
Due process
What kind of evaluation is completed by a psychologist or other professional to assess your level of competence?
Competency evaluation
Any offense punishable by more than 90 days but less than 1 year in jail, and fines up to $5,000
Gross misdemeanor
Who will sit next to the judge when they are called on to give testimony? Hint: The people are called on by either the defense or prosecutor, sometimes they are called "experts."
Witness
What does the defense attorney do? They are also sometimes called the public defender, or defense lawyer?
· A lawyer on your side
· In the case of a Public Defender, hired to defend you at no cost
· Is to advocate for your stated interests
· Is to try to get you off easy
· Is to get you a light penalty if you are found guilty
What is it called when a crime you are accused of is written down on paper?
A charge
Who decides if you are competent?
The judge
Punishable by up to 5 years in prison and/or $10,000 in fines
Class C Felony
Who will sit on the side of the courtroom, usually in a group of 6-12 people?
The jury
What does the prosecutor do? They are also sometimes called the Prosecuting attorney, State Attorney, or D.A.
• A lawyer against you
• Is paid to prosecute you
• Is to prove that you are guilty
• Is to get you get a hard or heavy penalty if you are found guilty
• Represents the victim’s interests
What is the initial hearing where your charges are read called?
An arraignment
What happens once I am competent?
Once the judge determines you are competent, your court proceedings will resume.
Punishable by up to 10 years in prison and/or $20,000 in fines
Class B Felony
Who will be sitting at your table next to you (the defendant)? Hint: This person will be helping you.
Defense attorney
What does a witness do?
A witness provides information about the case. The people can be called by the prosecutor or the defense.
What do we mean by "the burden of proof?"
You are innocent until proven guilty. It is the prosecutor's job to prove that you are guilty.
What are some things that I need to know in order to be "competent?"
•Appreciation of your charges
•Appreciation of possible legal penalties
•The legal process, including the people you will see in the courtroom
•How to work and communicate with your attorney
•The rules and expectation of a courtroom
•How to testify about your case
Punishable by up to life years in prison and/or $50,000 in fines
Class A Felony
Who will be sitting at the other table? Hint: The person that is trying to prove you are guilty
Prosecuting attorney
What does the judge do?
The judge is the referee of the courtroom. They are on nobody's side. They listen to all the evidence and maintain order in the courtroom. In a bench trial the judge also decides if you are guilty or not guilty.
What happens if I'm determined to be not competent?
Your court proceedings will be paused and you will receive competency restoration services. This is to protect your right to due process and a fair trial.