1. How is mental illness relevance to competence to stand trial? Does having a major mental...
1. How is mental illness relevance to competence to stand trial? Does having a major mental illness, such as a psychotic disorder, automatically make one incompetent to stand trial? Can someone be incompetent to stand trial without having a mental illness?
Homework Answers
Competency to stand trial means the defendant's mental state to understand the criminal proceedings. If the court finds out that the defendant cannot understand the criminal procedures of court, then the court wait for the defendant to be able to understand it. And until and unless the defendant attains the mental ability to understand the criminal proceedings the court will not proceed and convict them guilty even though the evidences of their crime is clear and very strong. A mental illness is not a criteria to be incompetent to stand trial but the understanding of the consequences of their actions and the formal procedures of the court in proving their actions is a necessary criteria.
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