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  • Essay / Competence to Stand Trial in the Courts of the United States

    During a criminal proceeding, many aspects are considered in order to properly declare a person “competent” to stand trial. Many would misinterpret competency to stand trial as a psychological term, when it is actually a legal definition. Legal competence includes many elements, which vary from: competence to confess, competence to waive Miranda rights, competence to make decisions regarding the medications imposed on them and finally, competence to stand trial. Competence to stand trial is very important in a legal proceeding because it establishes the capacity of the accused to participate in complex proceedings that could lead to his or her incarceration; it is a legal standard imposed by the American justice system with the aim of determining whether the accused has the mental capacity to understand all aspects of the criminal procedure, from the time the accused is arrested until when the suspect is convicted. Furthermore, this legal standard is imposed to allow defendants to benefit from a fair trial and thus be able to rationally and reasonably understand all the information provided to the court, as well as to be able to interact with a lawyer and provide all necessary crucial evidence. to defend his cause. Determining whether a defendant has full consciousness and the mental capacity to provide evidence and participate in his or her defense is an enormous responsibility. The court, with the assistance of mental health professionals, uses competency to undergo evaluations to identify whether the defendant is competent or incompetent to stand trial. (Costanzo & Krauss 2012) The Supreme Court has made it sufficiently clear that for an individual to be incompetent to stand trial, the accused in middle of paper ...... stands trial. (Felthous 2014) In comparison, it is evident that the Dusky Standard has been used as a guide for many important Supreme Court cases, such as a more recent 2008 case, Indiana v. Edwards. In this case, Ahmad Edwards also suffered from schizophrenia; just like Milton Dusky in Dusky c. United States at the time he committed a crime. Edwards was at his local Indiana department store when he was approached by a security guard who saw him steal a pair of shoes. When Edwards felt threatened, he pulled out a gun and shot the security guard, the gunshot passed through the security guard's leg and struck another innocent individual. After committing the crime, he wanted to flee the scene. He was detained for numerous crimes and spent 5 years undergoing numerous CSE evaluations to determine his competency to stand trial...