Chapter 7 Notes insanity

Chapter 7 Notes insanity - Chapter 7 Insanity -Competency...

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Chapter 7 Insanity ------------------------- Competency to Stand Trial Explained Competency to stand trial focuses on the defendants condition at the time of trial Competency is not conditional on the defendants state at the time when the crime occurred. The federal test to determine competency The sufficient present ability to consult with his lawyer with reasonable degree of rational understanding Whether he was a relational as well as factual understanding of the proceeding against him. Once sanity has been recovered, the defendant may be brought to trial. Two elements to the test of competency Assist the attorney The ability to understand the case a the time of the trial The M'Naughten Rule Knowing right from wrong A rule for determining insanity that asks whether the defendant knew what he was doing or whether he knew that what he was doing was wrong. Two possibilities A lack of mens rea An acceptable legal excuse (while he knew what he was doing, he did not know that his
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This note was uploaded on 11/08/2009 for the course CJUS 3166 taught by Professor Dr.holt during the Spring '09 term at UNC Charlotte.

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Chapter 7 Notes insanity - Chapter 7 Insanity -Competency...

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