Competency and Insanity

Competency and Insanity - Competency and Insanity Monday,...

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Competency and Insanity Monday, April 21, 2008 5:59 PM Competency to stand trial . Dusky vs. US (1960) o Must understand process o Must be able to function in process Understand charges, penalties Understand court personnel and procedures Be able to work with the defense attorney Incompetency to stand trial . Committed to a hospital for restoration of competency o Can be an indeterminate sentence as well Jackson v. Indiana o If not able to regain competency. Must follow rules of civil commitment or be released o Not always followed, DA will not drop charges, patient remains in hospital Issue of forced medication o Russell Weston wrote threatening letters to president, killed two officers in capital building, have him take meds in order to enforce death penalty o Charles Sell Needs to be a separate hearing (sell hearing) to decide if it is necessary to force person to take medication Competency to plead . When you plead guilty, you waive several rights
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This note was uploaded on 04/30/2008 for the course PSYC 245 taught by Professor Snyder during the Spring '08 term at UNC.

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Competency and Insanity - Competency and Insanity Monday,...

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