Kentucky Competence - Form of Verdict
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How to fill out Competence - Form Of Verdict?
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FAQ
(3) If the court finds by a preponderance of the evidence that the defendant is mentally incompetent, criminal proceedings must remain suspended, and the court must order that the defendant be committed and placed for restoration treatment.
For a competency hearing, the judge is supposed to assume the defendant is competent unless the defense attorney can prove the defendant is incompetent. Thus, the burden is on the defense in this case.
Summary: Competence to be sentenced may be defined as a component of a general capacity to undergo legal proceedings, beyond just fitness to stand trial. It applies specifically to the time between the moment the process ends and the moment a sentence is rendered.
A competency hearing will occur in court before a judge. A court-appointed psychiatrist, licensed psychologist, or developmental disability expert will examine the defendant and provide their professional opinion on whether that individual is able to stand trial.
A judge will evaluate competency on a case-by-case basis, usually with the assistance of psychologists. They have the authority to order that a defendant take medication to address a condition if this would make them competent. A judge will need to determine competency early in the process, as soon as it is raised.
The standard for competency to stand trial is whether the defendant ?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.? Dusky v.
The evaluation typically involves a review of the defendant's mental health history, education and work history. The defendant participates in a clinical interview with a psychologist. Occasionally, psychological testing is conducted.
