Incompetency Training

Competency vs. Insanity

100

If a Defendant is "insane," when is he unable to appreciate the nature of his conduct?

At the time of the crime/offense

200

Competency refers to the Defendant's ability to understand the ___________________. 

Legal process / Courtroom Procedure 

300

Insanity is based upon ____________. 

Mental Illness 

400

Incompetency is based upon ___________ or ___________. 

Mental illness or intellectual disability 

500

Who determines competency?

The court 

Mental Illness

100

Florida Statute ____________ governs mental competence to proceed based on mental illness.

916.12

200

True or False: All proceedings are put on hold when a defendant is found incompetent based upon mental illness. 

FALSE - Hearings on motions of the parties, discovery proceedings, or other procedures that do not require the personal participation of the defendant are NOT put on hold. 

300

True or False: A mental illness diagnosis is a "static" diagnosis. 

FALSE - Mental illness is not always "static." It may improve or change with appropriate treatment. 

400

An order adjudicating a defendant incompetent based upon "mental illness" must be ___________. 

Written

500

Define "mental illness." 

Impairment of the emotional processes that exercise conscious control of one’s actions, or of the ability to perceive or understand reality, which impairment substantially interferes with the def’s ability to meet the ordinary demands of living

Intellectual Disability

100

Florida Statute ____________ governs mental competence to proceed based on intellectual disability.

916.3012

200

Does an "intellectual disability" typically respond to restoration training?

No, not usually. 

300

True or False: Hearings on motions of the parties, discovery proceedings, or other procedures that do not require the personal participation of the defendant are not put on hold after a defendant is adjudicated incompetent based upon intellectual disability. 

TRUE 

400

____________ testing can identify when a defendant is feigning an intellectual disability. 

Malingering 

500

Define "intellectual disability." 

Significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior which manifests before the age of 18 and can reasonably be expected to continue indefinitely

Courtroom Procedure

100

Who may raise the issue of competency?

1. Court; 2. Defense; or 3. The State 

200

What type of evidence is admissible at an evidentiary hearing concerning competency?

Anything that would help the court make its determination of competency. 

300

At what point does an evaluation report go "stale."

6 months 

400

How many doctors may be appointed to evaluate a defendant for competency?

Up to 3

500

What are your (3) options upon receiving an evaluation report from an appointed expert?

1. Stipulate to the Court relying on the report to make its findings; 

2. Ask for a 2nd or 3rd doctor to be appointed; or 

3. Set an evidentiary hearing 

Restoration

100

What happens when a defendant is found to be incompetent but restorable?

Court orders appropriate restoration training. 

200

What happens when a defendant is found to be incompetent and not restorable?

Charges are dismissed after the appropriate time period. 

300

What are the options available when a defendant is adjudicated incompetent to proceed and non-restorable?

1. Initiate Baker Act proceedings; or 

2. Release the defendant with appropriate conditions

400

What two questions must be answered when the Court finds a defendant to be incompetent but restorable?

1. What treatment is necessary to restore defendant's competence?

2. What is the least restrictive means to accomplish that?

500

Who decides whether a defendant is "restorable?"

That is a legal decision to be made by the Court.