Overview
True or False: Competency occurs in 2% to 8% of all felony defendants
True!
Who can call competency into question?
Competency as an issue can be raised at any point in the judicial process – once raised by any party then the process must examine competency before proceeding
Name at least 3 sources of information obtained for competency assessment
•Court Documents
•Police report(s)
•Jail mental health records
•Collateral information – attorney, family, prior reports or records
•The evaluation should be based on current functioning/ability/competency NOT previous performance
True or false: In order for a trial to be fair, the defendant has to be able to participate meaningfully in their defense process.
True!
What Happens When the Defendant is Competent
The criminal proceedings will resume. If they are at the state hospital for competency restoration, they will be discharged to jail and will be held until their trial
What are the important components of the clinical interview when assessing for competency
True or False: PC1026 is the Penal Code for competency to stand trial
False! PC1026 is not guilty by reason of insanity,
It is PC1368
What Happens when the Defendant is Incompetent
Criminal proceedings are temporarily delayed until the defendant becomes competent
Judges can sign involuntary medication orders (PC1369)
False: Never form an opinion of malingering without support and more than one source of information
Under the Sixth Amendment in the U.S. Constitution, everyone who is charged with a crime has the right to a ________ trial
fair trial
In California, if someone is not restored to competency within three years or the maximum sentence for the most serious charge, there are then two next steps:
Hint: What are the conservatorships called :)
Name three malingering measures used in competency
•ILK
MFAST
•SIRS
•SIMS
•TOMM
•MMPI
What U.S Supreme Court Case decided that incompetence to stand trial is a fundamental aspect of the criminal justice system
In the Dusky vs United States (1960) U.S Supreme Court Case it was decided that incompentence to stand trial is a fundamental aspect of the criminal justice system
What are the 2 prongs of competency?
1. The defendant is unable to understand the nature of the criminal proceedings
2. The defendant is unable to assist counsel in the conduct of a defense in a rational manner
Name at least 3 common competency measures
Revised Competency Assessment Instrument (RCAI)
McArthur Competency Instrument (MacCAT)
Georgia Court Competency Test (GST)
Evaluation of Competency to Stand Trial-Revised (ECST-R)