CRM/LAW C160 Lecture Notes - Lecture 9: Mental Disorder, Involuntary Commitment, Pro Se Legal Representation In The United States
8 Dec 2017
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Competency: state of ca v. nathaniel burris (2012) Was burris competent enough to represent himself: type of competencies. *competency to waive an attorney (pro se) One way to make someone competent is to give them medication. * = focus of the class: why competency matters. You have the right to face your accuser. You can force a witness to come into court and testify. You are guaranteed a right of an attorney: competency to stand trial (cst) Very low threshold to be found competent. Can be initiated by any officer of the court. Burden of proof is on the defendant (poe std. ) 1 of 15 defendant evaluated for cst; of those, 4 of 5 is found cst. Jackson couldn"t be brought back to competency. If the person can"t be restored to competency you have to let the. If found cst -> criminal proceedings resume. If found ist -> sent to jail/hospital for restoration to competency.
