Fitness to stand trial (Competency to stand trial) скачать в хорошем качестве

Fitness to stand trial (Competency to stand trial)

Fitness to stand trial (Competency to stand trial) An assessment that is done to test the mental abilities of individuals to defend their case is called, 'fitness to stand trial' or 'competence to stand trial'. Thus, competency or fitness to stand trial refers to a defendant's ability to understand and rationally participate in legal proceedings and to defend himself. Competency to stand trial is legally unrelated to the defendant's mental state at the time of the alleged crime. In other words, the issue of competency relates to the defendant's state of mind during criminal proceedings, not during the commission of the crime. The determination of whether a defendant is competent is left to the judge. The judge must decide competency before trial, as soon as reasonably possible after it comes into question. The prosecution, defense counsel, and even the court can raise the issue at any time. Competency usually comes into doubt when the defendant's behavior indicates a lack of understanding. So, psychiatrically incompetent accused are usually sent for treatment and will be treated until become competent. There are several provisions to deal with the accused of unsound mind. There is a presumption under the law that every person is capable of entering the trial and can defend himself. If the accused wishes to take the defence of competency, then the burden to prove incompetence lies on himself. The competency to stand trial is a legal construct. It deals with the mental capacity of an individual who is affected by some mental illness, mental retardation or any other neurological conditions. The mental disorder may be because of different reasons such as Depression, Schizophrenia, Alzheimer’s Disease, Epilepsy, Mental retardation, Substance-abuse disorders and disorders of childhood and adolescence. Not every person who is suffering from some mental disease is not competent to trial. The degree of mental illness matters a lot. It depends on the circumstances of each case. The assessment is done by psychiatrists.