Washington Competence - Form of Verdict
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How to fill out Competence - Form Of Verdict?
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FAQ
When a defendant is found incompetent to stand trial, it often involves mental illness or disabilities that hinder their ability to understand the charges against them or to assist in their defense.
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.
In following the Dusky Standard definition (adopted by Washington), the defendant must have a rational and factual understanding of the charges and the penalties associated with the charges against them. They must be able to meaningfully assist their attorney in their own defense.
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.
When a defendant's competency is in question, the court orders an evaluation by a professional to determine whether or not that person is fit to stand trial. Competency evaluations can take place in jails, in the community at a state hospital or in a competency evaluation program.
If they are found incompetent, the court can order the defendant to undergo more treatment. In some circumstances, if a person is found to not be restorable to competence within a ?reasonable period? charges may be temporarily dismissed while the person is treated in a civil facility, ing to DSHS.
Use this form if you believe the court's decision was legally incorrect or you have newly discovered evidence, and you want the same judge or commissioner to reconsider their decision. If you want a judge to review a commissioner's decision, use the Motion for Revision (form PO 110).
