5.12.4 Forensic Psychology Class Notes (#9) I) PC 1368 Evaluation (competency to stand trial) – the state may not proceed against the defendant unless they have the capacity for meaningful participation in all the important phases of the judicial process a. Dusky Case (1960) – U.S. Supreme Court trial that defined what trial competence is b. Rationales : i. Fairness, Accuracy, Integrity – for these three things you need the defendant to be competent c. Incompetent if … i. As a result of a mental disorder or developmental disability, the defendant is unable to understand the nature of criminal proceedings or is not able to assist in their own defense d. If incompetent … i. Cannot be tried or punished e. Incompetence : i. Has to do with mental status at the time of the court proceedings (present time) ii. Law requires only a very basic understanding of the law iii. Focus is on “capacity”, not willingness iv. People are not incompetent just because they are mentally ill f. Prevalence
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