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5 Cards in this Set

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Competence
defendant's capacity to function meaningfully and knowingly in a legal proceeding; criminal proceedings should not continue against someone who cannot understand their nature and purpose
Why is competence an impt doctrine in our system?
1. competent defendants must be able to comprehend the charges against them so that they can participate in the criminal justice system in a meaningful way and increase the likelihood the outcome is more accurate.
2. Punishment is only morally acceptable if they understand the reasons why they are being punished
3. Having def be able to participate in the charges against them is perceived as fair and dignified in the adversarily system of our courts
competence to stand trial
sufficient present ability to consult with one's attorney with a reasonable degree of rational understanding, and ... a rational, as well as factual understanding of the proceedings against them.
competence to plead guilty
requires defendants to understand the alternatives they face and have the ability to make a reasoned choice among them (not only just have to understand being in trial, but ultimate understand and foresee all the consequences in making a decision on whether to plead guilty or not)
What are some competency evaluation instruments?
- Competency Screening Test
- Competency Assessment Instrument
- Georgia Court Competency Test
- Interdisciplinary Fitness Interview
- The MacArthur Measures of Competence
- The Evaluation of Competence to Stand Trial-Revised
- Competence Assessment for Standing Trial for Defendants with Mental Retardation