Competence (law)

competentincompetent to stand trialincompetentcompetencementally incompetentcompetencymentally competentcompetent to stand triallegally competentlegally incompetent
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts.wikipedia
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Capacity (law)

capacityincapacitylegal capacity
The word incompetent is used to describe persons who should not undergo certain judicial processes, and also for those who lack mental capacity to make contracts, handle their financial and other personal matters such as consenting to medical treatment, etc. and need a legal guardian to handle their affairs.

Fitness to plead

unfit to pleadfit to pleadunfitness to plead
The English equivalent is fitness to plead.
Its United States equivalent is competence to stand trial.

Competency evaluation (law)

competency evaluationcompetencymental competency hearings
The competency evaluation, as determined in Dusky v. United States, is whether the accused "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him."
Competency was originally established by the Supreme Court of the United States as the evaluation of a defendant's competence to proceed to trial.

Kenneth L. Curtis

Kenneth Curtis
For example, in 1989, Kenneth L. Curtis of Stratford, Connecticut was found mentally incompetent to stand trial following the murder of his estranged girlfriend.
He was charged criminally for the killing, but originally was found mentally incompetent to stand trial, and had the criminal charges dismissed.

Adjudicative competence

competency caseadjudicated competentadjudicated incompetent
Adjudicative competence, also referred to as competence to stand trial, is a legal construct describing the criminal defendant's ability to understand and participate in legal proceedings.

Sell v. United States

Sell v. United States, 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried.

Age of consent

underageage of sexual consentunderage sex
The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts.

Principle of conferral

conferralcompetencecompetences conferred
According to this principle, the EU is a union of member states, and all its competences are voluntarily conferred on it by its member states.

United States federal laws governing defendants with mental diseases or defects

United States federal laws governing offenders with mental diseases or defects
A defendant can be found incompetent to stand trial if he is unable to understand the nature and consequences of the proceedings against him and to assist properly in his defense.

Crime

criminalcriminalscriminal offence
Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify.

Prosecutor

prosecutionprosecuting attorneypublic prosecutor
Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify.

Contract

contract lawcontractsagreement
The word incompetent is used to describe persons who should not undergo certain judicial processes, and also for those who lack mental capacity to make contracts, handle their financial and other personal matters such as consenting to medical treatment, etc. and need a legal guardian to handle their affairs.

Finance

financialfinancesfiscal
The word incompetent is used to describe persons who should not undergo certain judicial processes, and also for those who lack mental capacity to make contracts, handle their financial and other personal matters such as consenting to medical treatment, etc. and need a legal guardian to handle their affairs.

Legal guardian

guardianguardianshipguardian ad litem
The word incompetent is used to describe persons who should not undergo certain judicial processes, and also for those who lack mental capacity to make contracts, handle their financial and other personal matters such as consenting to medical treatment, etc. and need a legal guardian to handle their affairs.

Law of the United States

United States federal lawUnited States lawAmerican lawyer
In United States law, the right to not be prosecuted while one is incompetent to stand trial has been ruled by the United States Supreme Court to be guaranteed under the due process clause.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
In United States law, the right to not be prosecuted while one is incompetent to stand trial has been ruled by the United States Supreme Court to be guaranteed under the due process clause.

Due Process Clause

due processdue process of lawdue process rights
In United States law, the right to not be prosecuted while one is incompetent to stand trial has been ruled by the United States Supreme Court to be guaranteed under the due process clause.

Dusky v. United States

The competency evaluation, as determined in Dusky v. United States, is whether the accused "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him."

Insanity defense

not guilty by reason of insanityinsanitycriminally insane
Being determined incompetent is substantially different from undertaking an insanity defense; competence regards the defendant's state of mind at the time of the trial, while insanity regards his state of mind at the time of the crime.

United States Court of Appeals for the Tenth Circuit

Tenth Circuit Court of Appeals10th Cir.Tenth Circuit
In 2006, the United States Court of Appeals for the Tenth Circuit considered the legal standards for determining competence to stand trial and to waive counsel using the standards of objective unreasonableness under the Antiterrorism and Effective Death Penalty Act.

Antiterrorism and Effective Death Penalty Act of 1996

Antiterrorism and Effective Death Penalty ActAEDPAAnti-Terrorism and Effective Death Penalty Act
In 2006, the United States Court of Appeals for the Tenth Circuit considered the legal standards for determining competence to stand trial and to waive counsel using the standards of objective unreasonableness under the Antiterrorism and Effective Death Penalty Act.

Stratford, Connecticut

StratfordStratford, CTStratford, Conn
For example, in 1989, Kenneth L. Curtis of Stratford, Connecticut was found mentally incompetent to stand trial following the murder of his estranged girlfriend.

Death row

death-rowDeathrowawaiting execution
An inmate on death row has a right to be evaluated for competency by a psychologist to determine if sentence can be carried out.

Psychologist

psychologistsclinical psychologistresearch psychologist
An inmate on death row has a right to be evaluated for competency by a psychologist to determine if sentence can be carried out.