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- The standard to determine competency to stand trial is whether “as a result of a mental condition, [the defendant lacks the] capacity to appreciate the nature and consequences of the proceedings against one or to participate rationally in one's own defense.”
cases.justia.com/kentucky/court-of-appeals/2019-2018-ca-000339-mr.pdf?ts=1552659227
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Sep 8, 2021 · Kentucky statutory law provides little discussion of what constitutes competence to stand trial. Although the Supreme Court has provided instruction on the theoretical basis of competence, little guidance is given for situations in which a judge might disagree with the psychiatric appointee’s recommendation.
5 days ago · .110 Alternative handling of defendant depending on whether he or she is competent or incompetent to stand trial -- Commitment proceeding. .120 Verdicts of jury. .130 Grounds for finding defendant guilty but mentally ill.
competent to stand trial is 'whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him.’”
Apr 13, 2023 · 1 INTRODUCTION. Defendants facing criminal charges must demonstrate the basic skills necessary to understand proceedings, support their defense, work with their attorney, and make decisions during the adjudication process. That is, they must be competent to stand trial, as defined by Dusky v. United States (1960).
the defendant is incompetent to stand trial, the court shall appoint at least one (1) psychologist or psychiatrist to examine, treat and report on the defendant's mental condition. (2) The report of the psychologist or psychiatrist shall state whether or not he finds the defendant incompetent to stand trial. If he finds the defendant is ...
Aug 15, 2014 · Competency to stand trial is a concept of jurisprudence allowing the postponement of criminal proceedings for those defendants who are considered unable to participate in their defense on account of mental or physical disorder or retardation.
competent or incompetent to stand trial -- Commitment proceeding. (1) If the court finds the defendant incompetent to stand trial but there is a substantial probability the defendant will attain competency in the foreseeable future, it shall commit the defendant to a treatment facility or a forensic psychiatric facility and
