NCR
An NCR plea is the same as an Insanity plea; true or false?
True
Civil Commitment is an inpatient involuntary admission; true or false?
True
Once a person has been found incompetent to stand trial, they will always be incompetent to stand trial; true or false?
False
Everyone with a mental illness should be evaluated for competency; true or false?
False.
A plea of NCR may be raised
a) In open court;
b) by written plea; or
c) Either a or b.
b
The court must find that the individual represents a danger to _________________________________.
the life or safety of himself or of others.
Who can raise the issue of competency at trial?
a) Defense attorney;
b) Prosecutor;
c) Judge; or
d) all of the above.
d
What are the three opinions provided to the court in a court diagnostic report from the hospital?
What is competency, dangerousness, and restorability.
Maryland uses the "substantial capacity test" to determine if a person is NCR; true or false?
True.
The test is whether the defendant lacks substantial capacity to (1) appreciate the criminality of his conduct or (2) conform that conduct to the requirement of the law.
In order to civilly commit a defendant the court must make a finding that the required criteria has been met
a) by clear and convincing evidence;
b) beyond a reasonable doubt;
c) by a preponderance of the evidence
a) by clear and convincing evidence.
The issue of competency must be raised prior to the commencement of a plea or trial; true or false?
False
A strong predictor of the length of a hospital stay is:
The nature of the offense that the defendant was charged with,
the number of diagnoses,
the diagnosis of a psychotic disorder, or
none of the above.
What is “the diagnosis of a psychotic disorder”.
There is a different jury to determine whether an accused is NCR than the one that determines their guilt; true or false?
What is false.
There are ___ criteria that must be met before a judge can order a Civil Commitment.
What is 5.
The order that the court signs to have the defendant examined for competency is a
a. 3-105 Order b. 3-106 Order or c. 8-505 Order
What is a 3-105(a)(1) Order.
(Also referred to as a Court Diagnostic. Court must find good cause to believe that the Defendant may be incompetent to stand trial.)
The legal records that the psychiatrist reviews in evaluating competency are:
police reports,
court orders,
court clinic documents, or
all of the above.
What is “all of the above”.
A committed person is eligible for conditional release from commitment only if that person would not be a ____________________________.
What is a danger to self or the person or property of another.
The maximum sentence associated with the charge(s) should be considered in determining whether a defendant should be civilly committed; true or false?
What is “true”.
(Once the time the defendant has been hospitalized amounts to the maximum penalty, the case must be dismissed. If the defendant cannot be restored before that time the court should consider whether to civilly commit.)
The defendant is entitled to have the report within ___ days after the court orders the competency examination.
What is “seven”.
(This can be extended if the court finds good cause.)
The intentional production of false or grossly exaggerated physical or psychological symptoms motivated by external incentives.
What is malingering