ADMJ 103 Lecture Notes - Lecture 31: Malingering, Involuntary Commitment
22 Aug 2020
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An excuse that permits inquiry into a defendant"s capacity to. Mental illness: a medical diagnosis a disease or defect of the mind. Insanity: a legal conclusion reached w/ aid of experts that completely or partially exonerates the defendant because of mental illness. Mental illness is real and beyond the control of the afflicted person. The impairment frustrates the persons ability to understand and direct her conduct. Competence to be executed (capital cases only) Have the capacity to consult w/ lawyer w/ reasonable degree of rational understanding. Have a rational as well as a factual understanding of the proceedings against him (dusky v. Competency to stand trial may be raised. At any time, including during the trial. As a result of an incompetency finding criminal proceedings are suspended and. Be released (if it is re: a minor crime) Or be held in mental institution until civilly committed if he is a danger to himself or others.
