Prongs of Competency
What are the 3 Prongs of Competency?
Factual, Ability to Assist Council, and Rational
Name the 5 Pleas
Guilty, Not Guilty, No Contest, Plea Bargain, and Not Guilty by Reason of Insanity
George walks into the courtroom and starts to tell the judge why he started the fight when he was arrested. What prong is George struggling with?
Factual: How to behave in Court or Court Procedures
George is walking down the street dancing and yelling to someone who is not there. Is this a crime?
No, he did not commit a crime.
I'm the referee, decided if evidence can be used in the case, and makes sure rules are interpreted fairly.
The Judge
The Public Defender asks his client to share all the events that led up to his arrest. The client starts to talk about his boss that refused to pay him 5 years ago. The client is very angry and wants his money. What prong is the client failing to meet?
Ability to assist your lawyer
Which Pleas are you admitting guilt?
Guilty and Plea Bargain
Irene was arrested in Nail Salon at 3am in the morning. She claims the door was open so thought it was ok to walk in. Her hand is cut and bleeding and the glass front door is broken. She claims she is innocent. What Prong is she struggling with?
Rational: Irene was found in the salon and her hand is cut and bleeding. Her hand is bleeding because she broke the glass door with her hand.
Patty believes she is the famous movie star. She walks into a clothing store and demands they close the store so she can shop without others bothering her. She is just tired to people asking for her autograph and selfies. Did she commit a crime?
No. She is making demands but has not committed a crime.
I'm a lawyer, I try to convince the jury you did the crime
Prosecutor or District Attorney
Knowing Court procedures, personnel, pleas, and important information about the court- What Prong is this?
Factual
Who gives you legal advice and protects your rights?
Public Defender
John refuses to talk with the psychiatrist that visited him while he was in jail. He is sitting on his bed and is mumbling to himself. The psychiatrist attempts multiple times to ask John his name and why he is in jail but John just sits there. What prong is John not meeting?
Ability to Assist his Lawyer
June goes into a jewelry store and tries on a few necklaces and rings. One of the rings looks like a ring her grandmother gave her when she turned 21. June thinks the jewelry store stole it and switches one of her rings for it. She walks out of the store without anyone noticing the switch. Is this a crime?
Yes, although the rings look alike she has no proof they stole it. She can't take the law into her own hands.
I give testimony about the defendant's character that he lied to me and we once stole a car together.
Witness
The Prosecutor has pictures of the defendant at the crime scene and found the stolen items at the defendant's house. The Prosecutor offers the defendant a plea deal. Should the defendant take it and why? What prong does this relate to?
Yes, there is a lot of evidence. Prong-Rational
Purposely telling a lie in court. What is this called?
Perjury
Georgina has paranoid delusions and believes the Public Defender is inserting thoughts in her mind and is scared to speak to her. What Prong is she struggling with?
Ability to Assist Council
James is at a grocery store shopping for food. He is opens a bag of chips and starts to eat them. He puts the bag back on the shelf then checks out. Did he commit a crime?
Yes, he stole the chips
We are a group of people who listen to the evidence and decide if you are innocent or guilty.
The Jury
The person's auditory hallucinations tell the keys are in a red Audio in the bank parking lot. The voices tell him the car is for him and tell him to drive to the beach for a meeting with special agents. How did the person's symptoms affect his behavior?
Your symptoms (AH and delusions) convinced the person to take the car.
Evidence
Terry thought she was the Tooth Fairy and broke into a house to leave money for the little boy who lost a tooth. She was arrested for Trespassing. Terry was arrest and believes she is innocent because she didn't steal anything. What Prong is she struggling with?
Rational
Monique is experiencing VH. She believes people are coming after her so she runs into a Clothing Store, hides in the racks, then runs out. She damages a few of the dresses and coats. Is this a crime?
Yes, she damaged merchandise and would not pay for them.
I speak for you in court.
Public Defender