IST
What does it mean to be found IST?
There is suspicion of a mental illness or disability and BECAUSE of that mental illness or disability, someone may have difficulty understanding the court proceedings, the charges against them, or be able to assist their attorney in preparing a fair and realistic defense.
Name the two attorneys in the courtroom.
Prosecuting Attorney, Defense Attorney
Who will go first in court proceedings?
The prosecutor
Name the four most common pleas.
1. Not Guilty
2. Guilty
3. Not Guilty by Reason of Mental Disease or Defect (NGRI or NGRMDD)
4. No Contest or Alford Plea
JJ has been arrested and charged with two counts of First-Degree Murder, both Class A Felonies. What is the sentencing range for one charge/count if JJ is convicted?
10-30 years or life in prison
What are the three recommendations that an evaluator can make to the court regarding competency?
1. Incompetent to Stand Trial (IST)
2. Competent to Stand Trial (CST)
3. Permanently Incompetent to Stand Trial (PIST)
This person is an actual law enforcement officer. They are the only person allowed to walk around the courtroom during court proceedings and will take the defendant into custody if needed to do so.
The Bailiff
This is the first hearing a defendant will have in the courtroom. During this hearing, the charges will be read aloud and the judge may set a bond.
Initial Appearance/Hearing
What happens FIRST after someone enters an NGRI Plea?
The defendant meets with a forensic evaluator to complete a responsibility evaluation
JJ has been arrested and charged with First-Degree Murder, both Class A Felonies.
The prosecuting attorney offers JJ a plea bargain where his charges will be lowered and he will be sentenced to serve 10 years in prison consecutively for each charge. If JJ accepts this plea bargain, how long will he spend in prison on these charges?
20 years
True or False: Someone who is ordered IST has been charged with a crime.
True
Who should you never speak to in the courtroom, under any circumstances?
The Jury, The witnesses
What hearing does a defendant NOT have a right to attend?
Indictment or Information Hearing
Who offers a plea bargain?
The Prosecuting Attorney
JJ has been arrested and charged with First-Degree Murder, both Class A Felonies.
What will happen next if JJ refuses a plea bargain?
He will proceed to trial.
Who are the three people who can raise question in a defendant's competency?
1. Defense Attorney
2. Prosecuting Attorney
3. Judge
What is the difference between a Grand Jury and a Trial Jury?
A Grand Jury listens to evidence to determine if there is enough to proceed with formal charges during an indictment or information hearing.
A Trial Jury listens to evidence to determine if a defendant is guilty or not guilty at trial.
Define probable cause.
Probable Cause is the term describing reasonable suspicion with some evidence supporting the decision that 1) a crime was committed and 2) the defendant is responsible.
True or False: Being called IST previously automatically qualifies the defendant for an NGRI plea.
False.
JJ has been arrested and charged with First-Degree Murder, both Class A Felonies. He wishes to see the list of evidence and all records pertaining to his current case. He requests to speak to his attorney and should request _______.
his Discovery
What does "mental disease or defect" mean regarding competency? Please provide an example.
A mental disease or defect refers to a disorder or diagnosis related to the brain or mental illness. It could include schizophrenia, intellectual or developmental disabilities, traumatic brain injury, delusional disorders, etc.
What is the "burden of proof" during trial and who has this burden?
Burden of Proof means the attorney has to use evidence to prove/show beyond any shadow of a doubt that the defendant is who committed the crime. The prosecuting attorney has this burden in trial.
Even though competency can be questioned at any time, most defendants are questioned prior to this hearing, where a defendant will enter their plea.
Arraignment
True or False: Once a defendant enters a plea, competency can no longer be questioned.
False; competency can be questioned at any point in a court process, including after an arraignment.
JJ has been arrested and charged with First-Degree Murder, both Class A Felonies. After reviewing the evidence against him, he sees that the prosecution has three eyewitnesses who can place him at the scene of the crime, a knife with both JJ's and the victim's DNA, statements made to police by JJ following his arrest, and video footage of him and the victims arguing prior to the offense occurred. The prosecutor offers a plea bargain where JJ would serve 20 years concurrently on each charge. Given ONLY the facts provided in this scenario, would this be a good plea bargain for JJ? Why or why not?
Using only the scenario, this would be a good option for JJ due to the amount of physical evidence that the prosecution has against him. If he were to accept this deal, he would serve 20 years total. If he were to plead "not guilty" and be convicted at trial, he is facing life in prison as a maximum sentence.