BIOL 151 Study Guide - Final Guide: Insanity Defense, Intellectual Disability, Disorganized Schizophrenia
Document Summary
Defendant must be able to cooperate with his or her attorney & understand nature of legal proceedings. If the issue is raised, it"s almost always evaluated: usually raised at pre-trial, but can be ordered at any stage in trial, at least one and sometimes more than one mental health professional conduct evaluation. Judges don"t like going to trial, so they want attorneys to settle: 60,000-80,000 defendants are evaluated per year but only. Most defendants can be restored to competency (judge can make them take medications) Judge doesn"t want to give the defendant an issue on appeal: ex) if someone is found incompetent and they go on with the trial, the case is likely to go on appeal. If found incompetent, expert"s report will contain recommendations for restoring competency. Defendant sent to state psychiatric hospital: consequences of being found competent or incompetent to. If found competent, trial process resumes: cst is flexible if found incompetent .
