CONSTITUTIONAL RIGHTS
What amendment protects a defendant's right to an attorney?
The Sixth Amendment
If you do not understand your attorney , what should you do>
Ask questions
What is an arraignment?
A court hearing where charges are read and a plea is entered.
What are some abilities needed for competency?
Understanding proceedings and assisting counsel
What is a verdict
final decision in a trial
What amendment protects against unreasonable searches and seizures?
The Fourth Amendment
You become angry during court and want to yell. What is a better response?
use coping skills
stay calm
talk to your attorney
What usually happens before a trial begins?
Hearings
attorney meetings
plea discussions
evidence review
What does "rational understanding" mean?
Understand court information realistically and logically.
What does "plea bargain" mean?
an agreement where the defendant pleads guilty in exchange for reduced sentence
What is self-incrimination?
Saying something that could be used against yourself in court
A defendant believes the judge is secretly communicating through television messages. Why could this effect competency?
delusional beliefs may interfere with rational understanding of proceedings.
What is the difference between a bench trial and jury trial?
A bench trial is decided by a judge;a jury trial is decided by jury
Can someone have a mental illness and still be competent for trial?
Yes.
What is evidence?
information or material used to prove facts in court
What is the purpose of Miranda rights?
To inform a person of their legal rights during police questioning
Why is it important to discuss case facts honestly with your attorney?
Your attorney needs accurate information to help defend you
What is a testimony?
Statements made under oath in court
What are some signs a person may not be competent?
confusion
inability to communicate
delusional beliefs
not understand courtroom rules
What does "objection" mean in court?
a Lawyers disagreement with something said or done during trial.
What does the right to a "speedy trial" mean?
A defendant should not face unnecessary delays before trial
A defendant refuses to speak to their attorney because they think all lawyers are undercover police officers. Which competency ability may be impaired?
The ability to assist counsel rationally.
Why might a judge order a competency evaluation?
If there are concerns the defendant does not understand proceedings or cannot assist counsel.
What is the goal of competency restoration treatment?
Helping a defendant regain the ability to understand proceedings and assist in their defense.
What is perjury
Lying under oath.