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Under state and federal law, all individuals who face criminal charges must be mentally competent to help in their defense. By definition, an individual who is incompetent to stand trial (IST) lacks the mental competency required to participate in legal proceedings.
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.
What Happens at a Competency Hearing? 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.
Competency Screening Test (CST) The Basics: The CST is a 22 question written exam that is designed to screen out those defendants who are clearly competent to stand trial. The 22 questions ask the defendant to complete various sentences with scores for each answer ranging from 0-2.
A person is mentally incompetent to stand trial if he or she is unable to understand the character and consequences of the proceedings against him or her or is unable properly to assist in his or her defense.