Ohio 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.
Competency to stand trial is a determination by the judge about a. defendant's present mental condition and about the defendant's. capacity to understand the proceedings and assist in the. defendant's own defense. [ R.C. 2945.37(G)]
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.
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.
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.
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.
