Virginia Competence - Form of Verdict
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How to fill out Competence - Form Of Verdict?
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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.
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.
