Everything about the Evaluation
True/False: Your assigned psychiatrist will be conducting your competency evaluation.
False
What is the difference between Competency and Sanity?
Competency deals with how you are thinking NOW while Sanity deal with how you were thinking THEN(at the time the crime was committed).
Who are YOU in the courtroom?
Defendant
Laura learns that there are 2 types of crimes. She cannot remember what the type of crime she was charged with is called. However, she does know that the crime is considered less serious. What type of crime was Laura likely charged with?
Misdemeanor
TRUE OR FALSE?
The evaluator may be someone that you have never met before.
True
Definition of competency.
Ability to understand the legal proceedings.
What side is the jury on?
Neither, they are neutral.
Jaden is talking with his attorney about the various pieces of evidence related to his case. He wants to know what side can have evidence. So, which side can have evidence?
Both (prosecution and defense)
Judge, Prosecutor, Defense Attorney
Your case is on pause right now, why is that?
Competency Restoration
Who decides a defendant's sentence?
Judge
Ashton was charged with burglary. She is talking with her lawyer regarding her potential options. Her lawyer tells her about 3 ways she could plead. What are these 3 pleas?
Guilty, Not Guilty, No Contest
TRUE OR FALSE?
Every evaluator will conduct their competency evaluation the exact same way.
False, every evaluator has their own style or groove that they use, and that doesn’t mean that one way is “right”, or one way is “better”; just that is that specific persons preferred way.
Who is the only person who can legally determine if a defendant is competent or incompetent?
Judge
There are 2 lawyers in the courtroom. Who are they?
Prosecutor and Defense Attorney
Molly decided to plead guilty to a lesser charge and a lesser sentence. When she did this, she gave up 4 of the rights that she has as a defendant. What 4 rights did Molly give up?
1. Right to a trial
2. Right to face her accuser
3. Right to remain silent/plead not guilty
4. Right to appeal her conviction
During the competency evaluation, the evaluator will ask questions to test your brain functioning. These questions are called what?
Hint: It is also known as the MSE.
Mental Status Exam
There are 2 parts of competency...the factual understanding and the __________ understanding.
Rational
Who are considered the "court police"?
Bailiff
Johnny was escorted out of the courtroom due to cursing and screaming at the jury. He received another charge as a result of this behavior. What charge did Johnny likely receive?
Contempt of Court