Competency to Stand Trial
Competency to stand trial means that the defendant understands the purpose of the legala proceedings against him and be able to cooperate with his counsel. He has to be able to understand the charges against him and the consequences if he is convicted. He must have a minimal understanding of court room procedures. He has to be able to plan a legal strategy, recall and relate to facts and events including his motives and actions when the crime was committed. He also has to be able to testify on his behalf. “The insanity defense has nothing to do with a defendants current mental status to be found not guilty by reason of insanity” According to Insanity Defense FAQs in paragraph two. A judge or jury will evaluate the defendant to determine their state of mind at the time when the crime took place. …show more content…
Here is a list of Dr. Gaskell’s written forensics psychological evaluation report addressing competency to stand trial:
• The underlying bases for diagnoses of metal disability or impairment.
• A description of mental disability and how severe the disability is.
• An opinion on the extent of the mental disability impairs the defendant’s ability to understand the purpose of the proceedings against him.
• Issues of possible malingering with be evaluated.
• If a person was incompetent to stand trial the possibility for restoration to competency will be addressed.
“Dr. Gaskell is a forensic psychological expert who has completed more than 1100 forensic psychological assessments and over 500 competency to stand trial.” According to Competency to Stand Trial Evaluations.
According to the article Competency to Stand Trial. “About half of the states follow the “M’Naughten” rule.” “A defendant may be found not guilty by reason of insanity if “If at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as no to know the nature and quality of the act he was doing or if he did know it that he did not know what he was doing was wrong.” This test is known as the right and wrong test. The other twenty two states follow the Model Standard set out by the American Law Institute, under the A.L.I. rule. The defendant is not held criminally responsible of his actions if at the time of the crime as a result of mental disease. The A.L.I. rule is considered to be less restrictive than the “M’Naughten” rule. Another verdict is the GMBI and this is when the defendant is mentally ill but the disorder is not severe enough to relieve him of criminal responsibilities. They are sentenced the same way as if they were found guilty. The court then decides the extent required for treatment and when and if the defendant is “cured” of his mental illness. They are required to serve out the rest of their sentence after getting mental help unlike the insanity defense who is released once decided no longer dangerous. This plea provides the necessary treatment of mentally ill defendants while still ensuring they are punished. In Florida the competency to stand trial evaluations include: experts first consider the information related to the issue of whether the defendant meets the standard for competence to proceed trail. This includes the ability to understand the information listed above in Dr. Gaskell’s written evaluation. Then the defendant has to be able to understand the charges against the defendant, possible penalties, nature of legal
Competency to stand trial means that the defendant understands the purpose of the legala proceedings against him and be able to cooperate with his counsel. He has to be able to understand the charges against him and the consequences if he is convicted. He must have a minimal understanding of court room procedures. He has to be able to plan a legal strategy, recall and relate to facts and events including his motives and actions when the crime was committed. He also has to be able to testify on his behalf. “The insanity defense has nothing to do with a defendants current mental status to be found not guilty by reason of insanity” According to Insanity Defense FAQs in paragraph two. A judge or jury will evaluate the defendant to determine their state of mind at the time when the crime took place. …show more content…
Here is a list of Dr. Gaskell’s written forensics psychological evaluation report addressing competency to stand trial:
• The underlying bases for diagnoses of metal disability or impairment.
• A description of mental disability and how severe the disability is.
• An opinion on the extent of the mental disability impairs the defendant’s ability to understand the purpose of the proceedings against him.
• Issues of possible malingering with be evaluated.
• If a person was incompetent to stand trial the possibility for restoration to competency will be addressed.
“Dr. Gaskell is a forensic psychological expert who has completed more than 1100 forensic psychological assessments and over 500 competency to stand trial.” According to Competency to Stand Trial Evaluations.
According to the article Competency to Stand Trial. “About half of the states follow the “M’Naughten” rule.” “A defendant may be found not guilty by reason of insanity if “If at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as no to know the nature and quality of the act he was doing or if he did know it that he did not know what he was doing was wrong.” This test is known as the right and wrong test. The other twenty two states follow the Model Standard set out by the American Law Institute, under the A.L.I. rule. The defendant is not held criminally responsible of his actions if at the time of the crime as a result of mental disease. The A.L.I. rule is considered to be less restrictive than the “M’Naughten” rule. Another verdict is the GMBI and this is when the defendant is mentally ill but the disorder is not severe enough to relieve him of criminal responsibilities. They are sentenced the same way as if they were found guilty. The court then decides the extent required for treatment and when and if the defendant is “cured” of his mental illness. They are required to serve out the rest of their sentence after getting mental help unlike the insanity defense who is released once decided no longer dangerous. This plea provides the necessary treatment of mentally ill defendants while still ensuring they are punished. In Florida the competency to stand trial evaluations include: experts first consider the information related to the issue of whether the defendant meets the standard for competence to proceed trail. This includes the ability to understand the information listed above in Dr. Gaskell’s written evaluation. Then the defendant has to be able to understand the charges against the defendant, possible penalties, nature of legal