South Carolina Order for Competency Evaluation to Stand Trial
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FAQ
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.
U.S. (1960) held that in order for a defendant to be found competent to stand trial, a defendant must have ?sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him.?
In determining whether the defendant is competent to stand trial, the court must determine "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
U.S. (1960) held that in order for a defendant to be found competent to stand trial, a defendant must have ?sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and a "rational as well as factual understanding of the proceedings against him.?
People found incompetent to stand trial (IST) range from those who commit minor, nonviolent offenses such as loitering or trespassing to individuals who commit serious crimes such as assault and murder.
A defendant cannot be convicted of a crime if they are not mentally competent to stand trial. This would violate constitutional protections for defendants by denying them the right to a fair trial. Competency involves being able to understand the proceedings and play a role in their defense.