LCUMBERBATCH.CRJ509.FIRSTEXAM.DOX.docx - CRJ509 CRIMINAL JURISPRUDENCE FALL 2019 FIRST EXAM PART II GROUP FOUR Lanesa Cumberbatch Gena Spero’s

LCUMBERBATCH.CRJ509.FIRSTEXAM.DOX.docx - CRJ509 CRIMINAL...

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CRJ509 - CRIMINAL JURISPRUDENCE FALL 2019 - FIRST EXAM - PART II - GROUP FOUR Lanesa Cumberbatch Gena Spero’s Incompetence and Insanity During a trial, the mental capacity of the defendant and witness at the time of the crime and the hearing has always held great importance in the judicial system. The legal construct of a citizen having a clear mind during the trial and the notion of the citizen having a clear mind at the time of the crime, are always strongly considered at the time of trial. In the criminal justice system, it is required that a defendant is competent to be tried under oath to be able to accurately recall events, perceive events of disputed matter, and have clear decision-making abilities. If the defendant is incompetent, level of proof will come into play. They will then have the burden to prove their incompetence by a preponderance of evidence. If the judge finds the defendant incompetent, the judge will delay the trial. The defendant will then be detained for a reasonable period of time until determined they are competent.
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  • Fall '19
  • Law, Insanity defense, Gena Spero

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