Essay On Assessing Competency

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Assessing Competency In order for a defendant to plead guilty, he or she must understand the circumstances and consequences of their plea. They must understand that if they put in a guilty plea, they are agreeing with the fact that they did the crime. Depending on how gruesome the crime is that was committed the attorney and judge can send the defendant out for a psych evaluation. Once at the psych evaluation the psychologist will ask the accused a series of questions. The doctor will look at the accused past and current situation to help understand more about the patient. The psychiatrist will help the court understand if a person is fit to stand trial. Everyone wants to know if the accused is capable of making decisions on his behalf.

Every person being accused is considered competent unless it can be proven otherwise. Until that is proven, the case will be treated as a normal case. If the defendant is found incompetent to stand trial there will be further testing done; and the trial or court proceedings may be put on hold. If found incompetent the patient will not be able to understand what’s being discussed. He or she won’t be able to appreciate the importance of the information. He or she will not be able to understand the reasons for his or her actions. The patient won’t be …show more content…

They don’t want to put someone on the stand if they don’t understand what’s going on. It isn’t fair to put someone on the stand that has mental or medical issues that can prevent them from defending their selves. Everyone is entitled to a fair trial that is everyone constitutional right. If there was a change in the defendant personality or behavior the courts want to know why and if this change going to be permanent. Will there be a way this change can be reversed. The courts also want to know how bad the incompetent will

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