Stand trial

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Close Followed notifications. Please log in to use this feature Log In. Don't have an account? Sign Up Today. Related to this story. Crime and Courts. Updated 4 hrs ago. Notifications Settings. To understand the dispositions, pleas, and penalties possible. To appraise the likely outcomes. To appraise the roles of defense counsel, the prosecuting attorney, the judge, the jury, the witnesses, and the defendant.

To identify and locate witnesses. To relate to defense counsel. To trust and to communicate relevantly with his counsel. To comprehend instructions and advice. To make decisions after receiving advice. To maintain a collaborative relationship with his attorney and to help plan legal strategy.

To follow testimony for contradictions or errors. To testify relevantly and to be cross-examined if necessary. To challenge prosecution witnesses. To tolerate stress at the trial and while awaiting trial. To refrain from irrational and unmanageable behavior during the trial. To disclose pertinent facts surrounding the alleged offense. To protect himself and utilize the legal safeguards available to him. Competency to Stand Trial Landmark Cases.

Cooper v. Oklahoma Cooper v. Indiana v. Edwards Indiana v. Edwards US Supreme Court, The Supreme Court held that the ability for a defendant to actually represent himself and conduct his own trial is a different standard than being competent to stand trial or waive representation.

Godinez v. Moran Godinez v. Moran US Supreme Court The competency standard for a defendant to plead guilty or waive the right to counsel does not have to be higher or even different than the Dusky standard for Competency to Stand Trial. Estelle v.

Smith Estelle v. Jackson v. Indiana Jackson v. Indiana U. Supreme Court, The court ruled that incompetent defendants may not be committed indefinitely. Wilson v. SNorth Carolina v. Alford Wilson v. DC Circuit of Appeals, This ruling gave the judge guidelines on how to evaluate if a person with amnesia has had a fair trial.

North Carolina v. Alford North Carolina v. Alford US Supreme Court, The Supreme Court ruling held that a guilty plea is valid if it represents a voluntary, knowing and intelligent choice among reasonable alternatives.

Colorado v. Sell v. US Supreme Court, The Court held that medication to restore competency to stand trial for serious offenses could be administered involuntarily under certain circumstances. Competency to Be Executed Landmark Cases. Ford v. Wainwright US Supreme Court The Court ruled that an insane person they meant an incompetent person cannot be put to death.

State v. Perry Louisiana Supreme Court, The Court ruled you cannot force an inmate on death row who is incompetent to be executed to be medicated in order to restore his competency to be executed.

Sex Offender Evaluations. Criminal Responsibility. When a defendant's mental state at the time they committed an offense is at question, a criminal responsibility psychological evaluation or sanity evaluation may be requested by the court, defense, or prosecution. Independent Medical Exam. There is not a therapist-patient relationship. Confessions and other self-incriminating statements to law enforcement officials are a strong source of evidence against a defendant at a trial.

Malingering and Deception. Psychologists are frequently asked to assist the courts in answering a psycholegal question. Such psychological assessment is subject to malingering or deception. Examinees may attempt to either fake good or fake bad in both the interview and testing. Mitigating Factors. The GBMI legislation was proposed in an effort to reduce successful insanity defenses. It was a back-door way to get to abolition.

It invites a compromise verdict by the jury. It gives the illusion of offering compassion and special treatment for the defendant. In reality, the defendant found GBMI is punished exactly as if he were found guilty. Video Conferencing Available! Request a Video Call! Illinois Georgia Florida Arizona A report from the state Center for Forensic Psychiatry found Floyd competent for trial and criminal responsibility if he is convicted. Floyd has yet to have a preliminary examination hearing in Ferndale court to decide whether Longo will order him to stand trial.

Jury trials have been temporarily suspended in circuit court due to the recent increase in Covid cases. March Wearing a facemask at the jail during the Zoom hearing Thursday, Floyd was silent during his appearance.