Topic > Competence to stand trial - 1260

The criminal justice system plays a central role in prosecuting and preventing crimes in society. When a suspect is captured and then charged with a violent crime, he or she is legally entitled to a fair trial. For a criminal case to be successful, the accused must be fully aware of their surroundings, have a basic understanding of court procedures, as well as be able to defend their case. Trial Competence (CST) is essential to maintaining fairness in the courtroom and producing a fair verdict. However, if a defendant is unable to understand legal proceedings due to mental illness or a disability, he or she must be carefully assessed and evaluated before being declared incompetent to stand trial. Pursuing a case with a defendant who lacks mental capacity causes numerous problems because the individual is unable to provide their attorneys with information about the crime committed or any testimony from witnesses at trial. The lack of understandable communication between the defendant and the attorney forces an ineffective defense in the case. The defendant's mental disorders that may cause disorderly behavior in the courtroom are considered destructive and weaken the authority of the legal system. Supreme Court cases dealing with issues of competency to stand trial over the years have issued significant rulings that have highlighted the importance of identifying whether or not a defendant is actually incompetent. The concern about competency to stand trial originated in the 1960 Supreme Court case, Dusky v. United States. Milton Dusky was a 33-year-old man who kidnapped and illegally transported Alison McQuery, a 15-year-old girl, across the Kansas state line. Pushed along with two other experts… halfway through the paper… to identify mental health symptoms such as delusions, hallucinations and identify if cases of malingering are present. Evaluating a defendant is essential to understand whether or not he is capable of following legal proceedings. If an individual is actually found to be incompetent, attempts to restore competency are carried out through drug treatments or mental training on the legal information that is vital for him to know in his case. It is imperative to recognize competency to take trial cases in the legal system not only to ensure fairness in the courtroom, but also to provide mentally ill defendants with the opportunity to have a legal trial depending on their psychological state. Works Cited Costanzo, M., & Krauss, D. (2012). Forensic and legal psychology: psychological science applied to law. New York: Worth Publishers.