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Competence to Stand Trial

Competence to Stand Trial

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Published by JuanCarlos Yogi
Competence to Stand Trial. Evaluation and Procedures Followed
Competence to Stand Trial. Evaluation and Procedures Followed

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Published by: JuanCarlos Yogi on Sep 24, 2012
Copyright:Attribution Non-commercial


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Assessing Competence toStand Trial
Ryan HochelRadford University
Refers to a defendant’s capacity to
function meaningfully and knowingly ina legal proceeding.
Idea is that if someone cannotunderstand the nature and purpose of criminal proceedings, they should notcontinue.
Competence applies at every stage inthe criminal justice process, but is mostoften raised in pretrial hearings.
A defendant can be found competentand still plead not guilty by reason of insanit
Why is Competence Important?
Defendants need to be able to understandthe charges against them so that they canmeaningfully participate in the criminal justice system
Punishment is only morally acceptable if the people understand why they are beingpunished
The fairness and dignity of the adversarysystem requires that defendants be able todefend themselves against the chargesbrought against them

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