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Competency to Stand Trial

What it means to be able to participate in your own court case.

What is Competency?

A Simple Explanation

Being "competent to stand trial" means you can understand what is happening in court and you can help your lawyer with your case. It's a key part of making sure every trial is fair. You don't need to be a legal expert!

What you need to be able to do:

  • Understand the charges against you.
  • Understand the roles of the judge, your lawyer (defense attorney), and the prosecutor.
  • Be able to talk with your lawyer and help them plan your defense.
The Competency Hearing and Evaluation

How is it decided?

If there is a question about your ability to understand, your lawyer or the judge can ask for a "competency hearing." At this hearing, a psychologist or psychiatrist will talk with you and may give you a test. They then give a report to the judge.

Using Fair Tests: The CAST-MR

For people with intellectual or developmental disabilities, special tests are used to make sure the evaluation is fair. One of these is the CAST-MR (Competency Assessment to Stand Trial for Defendants with Mental Retardation). It's not a test you pass or fail like in school. It's a tool to help the court understand what you know.

The CAST-MR usually covers three main areas:

  1. Basic Legal Concepts: This part checks if you understand the basic jobs of people in court. It might ask about what a judge does or what a lawyer does.
  2. Skills to Assist Defense: This part looks at your ability to work with your lawyer. It might ask questions to see if you can talk about your case, understand what your lawyer tells you, and make important decisions (like taking a plea bargain).
  3. Understanding of Your Specific Case: This part checks if you understand what you are being charged with and what could happen (the possible sentences).
What Happens If You're Not Competent?

Pausing the Case

If the judge decides you are not competent, your criminal case stops. You cannot be put on trial while you are not competent because it would be unfair.

Restoration to Competency

The goal is then to help you become competent. This is called "restoration." You might get classes or treatment to help you understand the court process. Once you are able to understand and help your lawyer, the court case can continue.