General RTC
Lacking factual and rational understanding of the nature or object of proceedings against him/her and sufficient ability to assist in one's defense
What is Incompetent to Stand Trial (IST)? *Bonus 50 points* How many competency evaluations is a patient entitled to per year?
The individual accused of the crime.
When a defendant admits to the crime. He/she will be sentenced and gives up the right to a trial and appeal.
What is pleading guilty? *Bonus 100 points* What does it mean to appeal?
The jury determines whether the defendant is guilty or not in this trial.
What is a Jury Trial. *Bonus 50 points* How many jurors are there?
State's attorney decides NOT to prosecute the defendant. Charges are dropped and the case cannot be re-opened
What is Dismissed?
Who makes the final opinion on Competency and NCR?
Who is the judge?
What is a witness? *note* both the state's attorney and public defender can present witnesses
Defendant states that he/she did not commit the crime. There will be a trial to determine whether there is enough evidence to prove guilt.
What is a Not Guilty Plea. *Bonus 100 points* If the defendant is found not guilty, what happens?
The judge determines whether the defendant is guilty or not in this trial
What is a Bench Trial
State's attorney decides not to prosecute at this time, but MAY re-open the case if new evidence comes to light
Name three types of Evidence
Person who is in charge of the court room, sentences the defendant, and decides upon hearing all the evidence if a person is guilty/not guilty/or NCR at a bench trial
What is a judge?
The defendant admits that he/she did the crime, but at the time of the crime, because of a mental illness, he/she could not control his/her behavior and/or appreciate that their actions were against the law
What is an NCR plea? *what does NCR stand for and is it a guilty or not guilty plea?*
When does a trial occur?
After I have been found competent to stand trial and the defendant pleads not guilty
Defendant pleads Not Guilty, has a trial, and is found Not Guilty by the judge/jury
What is an Acquittal?
Name 3 "Do's" and 3 "Don'ts" of court.
Do's: where clean, appropriate clothing; whisper to lawyer if there are issues; be on time; remain quiet; be honest with lawyer; be polite/respectful to judge, the attorneys, other parties in courtroom
Don'ts: call out of turn, yell, or curse; speak directly to the judge, wear revealing or inappropriate clothing, be rude, hide things from lawyer
The person who represents the state's interest (identify both names) and the person who represents the defendant (identify both names)
What is the State's Attorney or Prosecutor and what is the Public Defender or Defense Counsel?
After a patient is adjudicated NCR, the patient is sent back to the hospital and a plan is developed by the treatment team and reviewed by the treatment team, the Forensic Review Board, CFAP, State's Attorney, the Judge, and the Public Defender
What is a Conditional Release Plan. *Bonus 100 points* A conditional release plan typically ranges how many years and can it be renewed?
The state and defense present their case in trial
What are opening statements. This occurs at the beginning of the trial. The state gives opening statements first.
Defendant released to live in the community but must follow certain conditions
What is Probation? *Bonus 100 Points* What are the two types of probation and what happens if you violate probation?
Describe the steps of a competency evaluation
1. Evaluation conducted by psychologist or psychiatrist from Department of Forensic Services
2. Includes a face-to-face interview w/patient, chart review, and discussion with treatment team about patients progress
3. Report is sent to the patient's attorney, state's attorney, and the judge
The police officer who keeps order in the courtroom
What is a bailiff?
Name at least 5 conditions of a conditional release plan.
What is 1. take all medications, 2. go to all appointments, 3. where I live, 4. No contact with the victim, 5. What I do during the day, 6. No weapons, 7. No use of ETOH/drugs, 8. Random drug screens, 9. No new legal problems, 10. Agreement to check self into hospital voluntarily when asked by staff
When a side (defense or prosecution) questions it's own witnesses and when a side (defense or prosecution) questions the other side's witnesses.
What is Direct and Cross Examination?
Amount of time defendant must spend in jail/prison
What is a sentence?
What is a suspended sentence?*Bonus 100 points* Sentences less than 12 months are served where? Sentences 12+ months are served where?