As the attorney wants me to assess for Ann’s suitability for pretrial Supervised Diversionary Program (SDP), it is necessary to be aware of what SDP consists of and what type of individuals are eligible for the program. SDP can be used by individuals with psychiatric disabilities and by veterans who have a mental health condition that is responsive to treatment. Such individuals can be charged with crimes or motor vehicle violations are not serious, but that can result in a prison sentence. Individuals who have used the program twice in the past or if they cannot use the pretrial program for accelerated rehabilitation (AR) are not eligible for SDP. The purpose of SDP is to reduce the number of incarcerated individuals with psychiatric disabilities
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In order for a conviction to be morally acceptable, the defendant must understand the reasons why they are being punished. Competency refers to the defendant’s present ability to function in a meaningful manner while demonstrating a factual and rational understanding throughout every stage of the legal proceeding.
In 1960, Dusky v. United States set forth the standard for competency to stand trial. The Dusky standard consists of two prongs; the defendant must be able to have the capacity to rationally and factually understand the criminal process and their role in the proceedings, and they must have the rational ability to function during the process. Impairment in the defendant’s ability to understand the proceedings or in their ability to effectively assist counsel may result in the defendant being declared as incompetent to stand …show more content…
Competency refers to the mental state of the offender at the time of the trial, whereas NGRI refers to the mental state at the time of the offense. Therefore, the mental disease or mental defect must be the proximate cause of the criminal act. The two requirements for the insanity defense are a mental defect and causation. A mental disease or defect is defined as “abnormal mental condition of the mind which substantially affects mental or emotional processes and substantially impairs behavioral control.” Then, there must be a direct causal relationship between the mental disorder and the criminal offense. So the mental disorder or defect causes impairment in the person’s ability to appreciate or control their behavior, which then results in the criminal offense. It is important to recognize that the mere coexistence of a mental disorder and a criminal offense does not prove insanity; you have to be able to show the direct connection of how the disorder or defect influenced or caused the criminal
In order for a conviction to be morally acceptable, the defendant must understand the reasons why they are being punished. Competency refers to the defendant’s present ability to function in a meaningful manner while demonstrating a factual and rational understanding throughout every stage of the legal proceeding.
In 1960, Dusky v. United States set forth the standard for competency to stand trial. The Dusky standard consists of two prongs; the defendant must be able to have the capacity to rationally and factually understand the criminal process and their role in the proceedings, and they must have the rational ability to function during the process. Impairment in the defendant’s ability to understand the proceedings or in their ability to effectively assist counsel may result in the defendant being declared as incompetent to stand …show more content…
Competency refers to the mental state of the offender at the time of the trial, whereas NGRI refers to the mental state at the time of the offense. Therefore, the mental disease or mental defect must be the proximate cause of the criminal act. The two requirements for the insanity defense are a mental defect and causation. A mental disease or defect is defined as “abnormal mental condition of the mind which substantially affects mental or emotional processes and substantially impairs behavioral control.” Then, there must be a direct causal relationship between the mental disorder and the criminal offense. So the mental disorder or defect causes impairment in the person’s ability to appreciate or control their behavior, which then results in the criminal offense. It is important to recognize that the mere coexistence of a mental disorder and a criminal offense does not prove insanity; you have to be able to show the direct connection of how the disorder or defect influenced or caused the criminal