Locate your state and federal laws that address competency to stand trial. Summarize your state standards for competency to stand trial, particularly the provisions for restoration of competency.
Summarize at least two cases regarding competency to stand trial. Here are some possible choices of case law:
- Ake v. Oklahoma, 470 U.S. 68 (1985).
- Estelle v. Smith, 451 U.S. 454 (1981).
- Cooper v. Oklahoma, 517 U.S. 348 (1996).
- Drope v. Missouri, 420 U.S. 162 (1975).
- Dusky v. U.S., 362 U.S. 402 (1960).
- Jackson v. Indiana, 406 U.S. 715 (1972).
- Medina v. California, 505 U.S. 1244 (1992).
- Pate v. Robinson, 383 U.S. 375 (1966).
- Riggins v. Nevada, 524 U.S. 127 (1992).
- Sell v. United States, 539 U.S. 166 (2003).
- (im in california by the way so use california please)
Response Guidelines
In response to the posts of two other learners, discuss whether or not the laws of their states differ from those of your own state.
reply to Vikram in a seperate paragraph please and thank you
West Virginia’s law on competency to stand trial says within five days of an evaluator’s report, the court can produce findings on if a defendant is able or unable to make their own decisions. If the defendant is incompetent, then in three months restoring the competency is possible if immediate intervention is needed. The client goes to a mental health facility and can be released from there as long as there’s no danger to oneself and others. If a medical director evaluates the danger risk to be high, then it’s justified to keep the person there for their own safety and others. Once competence is restored, then the defendant’s attorney and hearing help with proceeding with a case. (West Virginia Code Chapter 27. Mentally Ill Persons § 27-6A-10).
Federal laws on this describe that the attorney general files motions for hearings. If defendants are believed to suffer from a disability, they can deem the person incompetent for the nature and effects. The person can go to a psychiatric facility if a psychiatric examination shows that the person is ready for trial. If a court finds that capacity is restored for competency, then proceedings can start. (FindLaw.com – 18 U.S.C. § 4241 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 4241).
One person was convicted of murder, and the state sought the death penalty. A psychiatric exam showed the respondent was competent to stand trial. A doctor who conducted the examination testified over the counsel’s opposition that the person’s name wasn’t on the witness list. The pretrial examination showed the statement he gave was a danger to society. The death penalty was defeated based on the doctor’s testimony. (Estelle v. Smith, 1981).
A petitioner named Cooper had the competency sometimes, pre-trial and in session for murder. The behavior and testimony were presented. The Court refuted the defense that competence was a burden. Therefore, the conclusion was that he was tested for the examination before sentencing. (Cooper v. Oklahoma, 1996).
References
1. FindLaw.com – West Virginia Code Chapter 27. Mentally Ill Persons § 27-6A-3. Competency of defendant to stand trial determination; preliminary finding; hearing; evidence; disposition –last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-27-mentally-ill-persons/wv-code-sect-27-6a-3/Links to an external site..
2. FindLaw.com – 18 U.S.C. § 4241 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 4241. Determination of mental competency to stand trial to undergo postrelease proceedings 1] – last updated January 01, 2018 | https://codes.findlaw.com/us/title-18-crimes-and-criminal-procedure/18-usc-sect-4241.htmlLinks to an external site.
3. Estelle v. Smith, 451 U.S. 454 (1981). https://supreme.justia.comLinks to an external site..
4. Cooper v. Oklahoma 517 U.S. 348 (1996). https://supreme.justia.com.
The first case I looked into was Riggins v. Nevada, 524 U.S. 127 (1992). In this supreme court case, the court decided on whether a court could force a mentally ill individual to take antipsychotic medication while they are on trial to keep them competent during trial. David Riggins was charged with arrested and charged with capital murder and robbery an individual who was found stabbed to death (Wikipedia, 2023). After he was arrested, he admitted to hearing voices and having sleeplessness (Wikipedia, 2023). He told the jail psychiatrist that he had previously be on an antipsychotic medication before and the psychiatrist prescribed it to him, he was taking 800 MG of Mellaril a day (Wikipedia, 2023). Riggins was evaluated and deemed competent to stand trial. Riggins planned to present an insanity defense and requested to stop taking his medication until after the trail so the judge could see an honest first-hand experience of his mental state on the night of the crime (Wikipedia, 2023). However, the courts denied this request and required that Riggins stay on his medication (Wikipedia, 2023). The jury found Riggins guilty of murder and robbery with a deadly weapon and sentenced him to death (Wikipedia, 2023). Riggins appealed claiming that being forced to take his medication is against his sixth and fourteenth amendment rights. The supreme court ruled that forced administration of antipsychotic medication violated Riggins’s due process rights held by the sixth and fourteenth amendments (Wikipedia, 2023).
The second case I took a deeper dive into is Ake v. Oklahoma, 470 U.S. 68 (1985). In this supreme court case, the court decided that a state must provide a psychiatric evaluation to criminal offenders who need it but lack the finical resources for one (Wikipedia, 2019). Glen Burton Ake was arrested and charged with first degree murder of a couple and wounding their children (Wikipedia, 2019). At his arrangement he was deemed incompetent to stand trial and was even diagnosed with probable paranoid schizophrenia (Wikipedia, 2019). He was committed to a state hospital for several months receiving treatment to restore competency. After this Ake had his trial, where his attorney requested that the court appoint a psychiatrist to evaluate and aid in preparing an insanity defense for Ake (Wikipedia, 2019). The court refused stating that Ake had no right to such assistance. Ake was found guilty of two counts of first-degree murder and was sentenced to death (Wikipedia, 2019). Ake appealed this decision and the court ruled in favor of Ake (Wikipedia, 2019). Due to Ake’s due process rights the state must provide him with an appointed psychiatrist if he can’t afford his own (Wikipedia, 2019).
References:
Nebraska Legislature. (2023). Nebraska legislature. The official site of the Nebraska Unicameral Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=29-1823
Wikipedia. (2023, July 10). Riggins v. Nevada. Wikipedia Foundation. https://en.wikipedia.org/wiki/Riggins_v._Nevada#:~:text=Nevada%2C%20504%20U.S.%20127%20(1992,remain%20competent%20during%20the%20trial.
Wikipedia. (2019, April 29). Ake v. Oklahoma. Wikipedia Foundation. https://en.wikipedia.org/wiki/Ake_v._Oklahoma