COMPETENCY TO STAND TRIAL

PLEAS

100

NAME THE PLEA YOU ENTER IF YOU BELIEVE YOU ARE INNOCENT. WILL THIS PLEA TAKE YOU TO TRIAL OR TO SENTENCING?

NOT GUILTY IS THE PLEA YOU ENTER IF YOU BELIEVE YOU ARE INNOCENT. YOU WILL MOVE ON TO TRIAL.

200

WHAT DOES NGRI STAND FOR AND WHAT DOES THIS PLEA MEAN?

NGRI STANDS FOR NOT GUILTY BY REASON OF INSANITY. IF YOU PLEAD THIS YOU ARE SAYING YOU BELIEVE YOU WERE NOT IN THE RIGHT STATE OF MIND AT THE TIME OF THE CRIME

300

WHAT DOES A GUILTY PLEA MEAN? WILL THIS PLEA TAKE YOU TO TRIAL OR SENTENCING?

IF YOU PLEAD GUILTY, YOU ARE ADMITTING THAT YOU DID THE CRIME YOU ARE CHARGED WITH. YOU WILL NOT GO TO TRIAL AND GO DIRECTLY TO SENTENCING.

400

WHAT DOES NOLO CONTENDERE STAND FOR AND WHAT DOES THIS PLEA MEAN? WILL THIS PLEA TAKE YOU TO TRIAL OR SENTENCING?

NO CONTEST. YOU ARE NOT ADMITTING TO ANYTHING, HOWEVER, YOU ARE NOT GOING TO FIGHT THE CHARGES AGAINST YOU. THERE WILL BE NO TRIAL AND YOU WILL GO DIRECTLY TO SENTENCING. 

500

WHAT DOES IT MEAN TO STAND MUTE. WHAT HAPPENS WHEN YOU DO THIS AND WILL YOU MOVE ON TO TRIAL OR SENTENCING?

STANDING MUTE MEANS YOU ARE SAYING NOTHING AT ALL WHEN PRESENTED YOUR CHARGES. A PLEA OF NOT GUILTY IS ENTERED ON YOUR BEHALF AND YOU WILL MOVE ON TO TRIAL.

PEOPLE IN THE COURTROOM

100

THIS PERSON OVERSEES COURT PROCEEDINGS, ENSURES THE LAW IS FOLLOWED, AND MAKES DECISIONS IN LEGAL MATTERS. THEY WILL LISTEN TO EVIDENCE, RULE ON MOTIONS, GUIDE THE TRIAL PROCESS AND ULTIMATELY DELIVER VERDICTS IN A BENCH TRIAL AND SENTENCES IF THE DEFENDANT IS FOUND GUILTY

JUDGE

200

THIS PERSONS JOB IS TO DEFEND THEIR CLIENTS IN CRIMINAL CASES, ENSURING THEIR LEGAL RIGHTS ARE PROTECTED, THEY RECEIVE A FAIR TRIAL, AND ALSO RECEIVE THE BEST POSSIBLE OUTCOME.

PUBLIC DEFENTER

DEFENSE ATTORNEY

DEFENSE LAWYER

300

THIS PERSONS JOB IS TO REPRESENT THE STATE. THEY ARE NOT ON THE DEFENDANTS SIDE AND THEIR GOAL IS FOR THE DEFENDANT TO BE FOUND GUILTY AND CONVICTED OF THE CHARGES AGAINST THEM.

DISTRICT ATTORNEY

PROSECUTER 

400

THIS IS A GROUP OF INDIVIDUALS FROM THE COMMUNITY WHO ARE ASKED TO LISTEN TO THE EVIDENCE PRESENTED FOR AND AGAINST A DEFENDANT DURING A TRIAL AND COME TO A DECISION ON IF THE DEFENDANT IS GUILTY OR NOT GUITLY OF THE CRIME THEY ARE BEING ACCUSED OF.

JURY

JURY TRIAL

500

THIS IS AN INDIVIDUAL WHO MAY BE CALLED INTO COURT TO TESTIFY ABOUT WHAT THEY SAW, HEARD, OR KNOW REGARDING A CASE. THEY HELP ESTABLISH FACTS AND CONTRIBUTE TO EVIDENCE. THEY CAN BE CALLED BY EITHER SIDE (PROSECUTION AND/OR DEFENSE)

WITNESS

LEGAL TERMS

100

WHAT DOES CONTEMPT OF COURT MEAN?

CONTEMPT OF COURT IS WHEN SOMEONE DOES NOT FOLLOW THE JUDGE'S ORDER.

200

THIS IS THE DECISION MADE BY A JUDGE OR JURY AT THE END OF A TRIAL

VERDICT

300

DOUBLE JEOPARDY!!!!

THIS IS SOMETHING PRESENTED IN COURT TO HELP DETERMINE THE TRUTH IN THE CASE. 

WHAT ARE 2 EXAMPLES?

EVIDENCE

PHOTOGRAPHS/VIDEO, FINGERPRINTS, DNA, WEAPONS, TESTIMONY

400

THIS IS THE FORMAL STATEMENT GIVEN BY A WITNESS UNDER OATH

TESTIMONY 

500

THIS TYPE OF TRIAL IS WHERE THE JUDGE, RATHER THAN A JURY, LISTENS TO THE FACTS OF THE CASE AND DECIDES IF THE DEFENDANT IS GUILTY OR NOT GUILTY. 

BENCH TRIAL

REMEMBER - THE JUDGE SITS ON THE BENCH

OUTCOMES

100

WHICH IS MORE SERIOUS? A MISDIMEANOR OR A FELONY? AND WHAT IS THE MAXIMUM SENTENCE OF THE THIS CATEGORY?

FELONY

MAX SENTENCE (DEPENDING ON THE FELONY) IS LIFE IN PRISON

200

WHAT IS THE MAXIMUM SENTENCE OF A MISDIMEANOR?

1 YEAR

300

WHAT DOES IT MEAN TO ACCEPT A PLEA BARGAIN?

THE DEFENDANT ACCEPTS AN AGGREEMENT MADE BETWEEN THE PROSECUTOR AND THEIR DEFENSE ATTORNEY. THIS USUALLY INCLUDES PLEADING GUILTY OR NO CONTEST TO A LESS SERIOUS CHARGE WITH A LESS SERIOUS CONSEQUENCE SUCH AS PROBATION, LESS JAIL TIME, ETC. 

400

WHAT IS AN EXPERT WITNESS (AND GIVE AN EXAMPLE)?

AN EXPERT WITNESS IS A PROFESSIONAL WHO CAN PROVIDE THEIR OPINION AND ANSWER QUESTIONS ABOUT A SPECIFIC AREA RELEVANT TO A CASE. EXAMPLES: PSYCHIATRISTS, PSYCHOLOGISTS, MEDICAL EXAMINER, AND MORE.

500

WHICH VERDICT MEANS THAT THE DEFENDANT KNEW RIGHT FROM WRONG AT THE TIME OF THE OFFENCE AND IS GUILTY OF THE CHARGES, HOWEVER, ALSO HAS A MENTAL ILLNESS? WHAT HAPPENS AFTER THIS VERDICT?

GUILTY BUT MENTALLY ILL

THE INDIVIDUAL IS FOUND GUILTY AND GIVEN A SENTENCE AND WILL LIKELY BE PLACED IN A MDOC FACILITY THAT ALLOWS MORE ACCESS TO MENTAL HEALTH CARE SUCH AS WOODLAND CORRECTIONAL

IST

100

WHAT DOES "IST" STAND FOR?

INCOMPETENT TO STAND TRIAL

200

WHO MUST YOU BE EVALUATED BY IN ORDER TO BE CONSIDERED IST?

SOMEONE FROM THE CENTER OF FORENSIC PSYCHIATRY

300

HOW LONG IS AN IST TREATMENT ORDER?

1/3 THE MAXIMUM SENTENCE OF THE CHARGES AGAINST YOU, NO MORE THAN 15 MONTHS (457 DAYS)

400

WHAT DOES A DEFENDANT NEED TO BE ABLE TO DO TO BE CONSIDERED COMPETENT?

NAME 3

1. KNOW THE CHARGES AGAINST THEM AND MAXIMUM CHARGES

2. KNOW WHAT THE POLICE SAY YOU DID AND PROVIDE YOUR OWN VERSION OF EVENTS

3. UNDERSTAND THE COURT PROCESS INCLUDING PLEAS AND THEIR OUTCOMES

4. BE ABLE TO WORK WITH THE DEFENSE ATTORNEY 

500

WHAT CAN GET IN THE WAY OF COMPETENCY THAT CAN BE HELPED WITH MEDICATION? 

MOOD - UNABLE TO HAVE A CONVERSATION WITH AN ATTORNEY WITHOUT BECOMING OVERLY EMOTIONAL (MAD/SAD)

IMPULSE CONTROL - UNABLE TO ENGAGE IN THE COURT PROCESS DUE TO YELLING OUT LOUD OR AGGRESSION

THOUGHTS - THINKING TOO SLOWLY OR TOO QUICKLY, HAVING THOUGHTS THAT ARE UNTRUE (DELUSIONS), FEELING LIKE EVERYONE IS OUT TO HARM YOU (PARANOIA)

HEARING OR SEEING THINGS THAT ARE NOT REAL SUCH AS AUDITORY OR VISUAL HALLUCINATIONS WHICH ARE SO INTENSE YOU CANNOT CONCENTRATE/PARTICIPATE IN COURT OR DISCUSS WITH YOUR DEFENSE ATTORNEY