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What else can I help you with?
Can you give me a sentence with competent?
Is she competent enough to stand trial it means capable or adequate
When is the defendant declared incompetent?
A defendant is declared incompetent when they are unable to understand the nature of the legal proceedings against them or cannot assist in their own defense due to mental illness or cognitive impairment. This determination is typically made through a psychological evaluation and must meet legal standards set by the jurisdiction. If found incompetent, the defendant may be committed to a treatment facility until they are deemed competent to stand trial.
If someone moves to Boston but is on trial in Philadelphia must they report in person for each trial date or can their lawyer stand in for the accused?
That can only be answered by the presiding judge in the case. The defendant's attorney would have to ask the judge's permission for the defendant's absence. As a practical matter, this is likely only to be granted during pre-trial proceedings. For the trial, the defendant is required to be present.
What determines if a person is sane enough to stand trial?
The US Supreme Court established two related criteria for determining whether a defendant is competent to stand trial in Dusky v. US, 362 US 402 (1960). These guidelines can be summarized as:The defendant must have the ability to consult with his lawyer and cooperate in his own defense.The defendant must have a reasonable ration and factual understanding of the charges and proceedings against him.In a Per Curiam decision, the Court wrote:"[The] test must be whether he 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."This test was upheld as the standard in Godinez v. Moran,509 US 389 (1993)
What are the processes and procedures that result in a fair trial?
A fair trial must be held in a timely fashion. A fair trial must be held in public with a jury, unless the defendant does not want a public trial and the judge agrees. The jury must be unbiased and represent a cross section of the population. The defendant must be given the time and resources to hire an attorney and formulate a defense. All evidence against the defendant must have been legally obtained.
When you commit a crime in a state that makes the insanity defense illegal can you move to another state and have the trial held there?
A change of venue is granted when it is deemed that the defendant cannot receive a fair trial. That does not translate into the trial being moved to another state, it is moved to another jurisdiction,county, etc. The defendant must stand trial in the state in which the crime was committed. Even if the defendant is charged with a federal crime; the trial generally takes place in the federal court in the state where the crime was committed.
How many times may a defendant change attorneys?
I do not believe that there is a 'set' number of times. Defendants do have the privilege of changing their attorney's "for good cause." But a defendant cannot postpone his trial indefinitely by using this method. Eventually the judge will assign him an attorney the judge knows to be competent and the trial will proceed with the defendant's approval, or not.
What must the prosecution prove to secure a guilty verdict in a criminal trial?
In a criminal trial, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime they are accused of. This includes presenting evidence and convincing the jury or judge that the defendant is guilty.
Iat the preliminary hearing if a judge holds the defendant to answer for trial the prosecuting attorney must do what?
Prepare an imdictmemt
What is defendant admonished to trial in absentia?
Admonished to trial in absentia means that the court let the defendant know that if he didn't show up to the court date, he would be tried anyway. The court must tell the defendant to avoid violating his rights.
What makes a trial fair?
There are four parts to a fair trial. The accused must be represented by a competent attorney. The prosecution must try to convict the accused. The judge must be completely impartial and the jury must decide the case on its merits.
Does the defendant stay in jail after a mistrial or hung jury?
Maybe. If there is a hung jury, the prosecution must decide whether or not to have another trial. If they decline to re-try the case, the defendant would be released. If they decide to have another trial, the defendant would remain in custody to await the new trial, if he/she was in custody for the first trial. Often, after a mistrial, the defense will make a motion or renew a motion for bond or for reduction of bond.
