Texas Competence - Unanimous Verdict
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In the event the jury shall fail to agree on the issue of punishment, a mistrial shall be declared only in the punishment phase of the trial, the jury shall be discharged, and no jeopardy shall attach. The court shall impanel another jury as soon as practicable to determine the issue of punishment.
In considering its answers to these questions, they jury is instructed that ?it may not answer any issue [in favor of death] unless it agrees unanimously and it may not answer any issue [in favor of life without parole] unless 10 or more jurors agree.?
46.05. COMPETENCY TO BE EXECUTED. (a) A person who is incompetent to be executed may not be executed. (b) The trial court retains jurisdiction over motions filed by or for a defendant under this article.
In Texas, competency to be executed is governed by Article 46.05 of the Code of Criminal Procedure. A person is incompetent to be executed if he does not understand 1) that he is to be executed and that the execution is imminent, and 2) the reason he is being executed.
If the issue of competency is raised, the court determines through informal inquiry whether there is evidence from any source (e.g., observations of the defendant's behavior or information from a credible source that the defendant may be incompetent) to support a finding of incompetency.
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 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.
To return a valid verdict in criminal trials, jurors must reach a unanimous verdict. In civil trials, agreement of just five sixths of the jurors is sufficient to reach a valid verdict.
