According to the video, competency to stand trail consist of two parts which the accused has the ability to have a factual and rational understanding of the charges against them and also ability to work with an attorney on creating a defense case. When figuring out the stage of competency, mental illnesses can be discovered during the procedure. Mental illnesses like schizophrenia, mental retardation or brain damage associated with the defendant leads to the incompetency to stand trial. Which shows the defendant lacks the ability to stand trial at the time. Whenever the defendant receives help then the judge can make sure they are ok to continue the case.
Competency to stand trial is different from insanity defense when it comes down to the …show more content…
Then the judge will determine what is going to happen next. The defendant has to be unaware of what charges are being put on them. To be considered incompetent. Individuals usually do not have common sense and cannot protect themselves in a court case. This is why the judge delays the case and gives the defendant time to recover from their illness. This process and take longer than expected due to the time that person needs to be able to understand.
If the defendant is ruled incompetent to stand trail they can be brought back to trial. It all depends on the behavior of the defendant, which will rule if whether the judge will continue or delay the case. The case can be delayed until the defendant has been examined and is ready to clearly understand whats going on. If the judge believes the individual still doesn’t understand, they can be taken to a mental institution.
In my opinion incompetency to stand trial is not a valid argument because that person knew exactly what they were doing at the time. I believe those individuals shouldn’t have any type of special treatment in a case just because they cannot comprehend. This also causes the case to be extended for a longer duration over time. I strongly feel incompetency to stand trail is not a valid defense what so
Competency to stand trial is different from insanity defense when it comes down to the …show more content…
Then the judge will determine what is going to happen next. The defendant has to be unaware of what charges are being put on them. To be considered incompetent. Individuals usually do not have common sense and cannot protect themselves in a court case. This is why the judge delays the case and gives the defendant time to recover from their illness. This process and take longer than expected due to the time that person needs to be able to understand.
If the defendant is ruled incompetent to stand trail they can be brought back to trial. It all depends on the behavior of the defendant, which will rule if whether the judge will continue or delay the case. The case can be delayed until the defendant has been examined and is ready to clearly understand whats going on. If the judge believes the individual still doesn’t understand, they can be taken to a mental institution.
In my opinion incompetency to stand trial is not a valid argument because that person knew exactly what they were doing at the time. I believe those individuals shouldn’t have any type of special treatment in a case just because they cannot comprehend. This also causes the case to be extended for a longer duration over time. I strongly feel incompetency to stand trail is not a valid defense what so