Module 1: Why am I here
I have to complete this course because the court ordered competency restoration education. (True or False)
True
What does the 4th Amendment protect?
The need for police to have a warrant before searches/seizures
Who is the defendant in your case?
You
What does it mean to collaborate with your attorney?
To work together to create the best outcome for you.
What is a charge?
A formal statement that says someone committed a crime
What does Incompetent to Proceed (ITP) mean?
Any variation of: “I did not understand the rules of the courtroom based on my not understanding how the court works, did not show good behavior in the courtroom or did not show a good emotional state.”
What does the 5th Amendment protect? (Double Jeopardy)
The right to remain silent, Due process of law, Miranda Warning
What is the role of the judge?
A person who is in charge of the court of law and who makes final decisions in legal disagreements. Judges are impartial decision-makers of the law
What information is helpful for you to tell your attorney?
What happened, mental health history, disabilities, and questions you have
Who can testify (answer questions in court)?
Defendant, witnesses, experts
When will you be able to go to trial?
When the judge finds you competent
What does the 6th Amendment Protect?
Right to speedy trial, right to an attorney, right to jury trial, right to appeal, right to confront witnesses against you
What is the role of the jury?
A group of people who attend a trial, listening to the testimony and evidence and make a decision if you are guilty or not guilty of the crime in which you have been accused
What does it mean when someone is "pro se?"
Defending yourself in court (no lawyer)
Who has the burden of proof?
Who can view your educator's notes? (4 people)
Public Defender, Prosecutor, The Judge, Competency Evaluator
What does the 8th Amendment protect?
Against unusual punishment/excessive bail
What is the role of the public defender?
To work with the defendant to get the best outcome in the case, to present evidence that shows defendant is innocent, create a defense strategy
What is attorney-client privilege? (Double Jeopardy)
Everything said between you and your lawyer is kept confidential (a secret)
What does burden of proof mean?
The prosecutor has to prove guilt; the defendant is innocent until proven guilty.
What three things are competency evaluators looking for?
1. Legal knowledge (factual)
2. Your understanding of the case (rational)
3. Ability to work with your lawyer
What is a trial without a jury called?
Bench Trial
What is the role of the prosecutor?
Present evidence that proves the defendant is guilty of a crime, and want the harshest outcome possible
What should you do if you disagree with your public defender?
Discuss your concerns or differing opinions in a reasonable manner with your attorney. Take into consideration the advice of the attorney. Seek advice from supportive people.
If a defendant pleads not guilty, what happens next?
They go to trial