Forensic Psychology Career

Running head : FORENSIC PSYCHOLOGY

Assessing Competency

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Abstract

Most scholars agrees that for a defendant to be punished for any wrong doing he should have reasonable understanding regarding the charges against him . This analyses information given to determine competency of the defendant to stand the trial concerning a case of murder

This finds that the defendant is not competent to undertake the charges . The concludes by evaluating the patience risk for future violence According to the American Bar associations criminal

justice mental health standard (1994 , the present mental incompetence is the most important thing in evaluating a defendant competence to stand a trial In the case of State v Jenkins (1989 , the jury held that the standard to determine competency to stand trial is that the finding must be supported by evidence

In addition , the US Supreme court in established Dusky v State (1960 held that the standard to determine a defendant competence is whether the person has present ability to consult with his attorney with reasonable degree of understanding and whether he has a comprehension of proceedings against him . The supreme also holds that being under medication does not mean that the defendant is incompetent

So what I would like to know about Wilson is his present mental ability , I would wish to know whether he has an understanding on what is happening currently around him . This is because from the above criteria we understand that the present mental ability is the most important feature in identifying whether the defendant is competent or not

I would also like to know whether Wilson has an understanding of the courts proceedings and whether he understands the prosecution against him . I think it is also important to evaluate his ability to assist his attorney with a reasonable degree of understanding

The ability to assist his attorney includes : The ability to work with the attorney , being responsible as the defendant , appreciating plea bargaining , paying attention in court , being free from self defeating behavior , evaluating predictable trial outcome , and giving reliable outcome for the offense

Another thing I would like to know is what was happening to him just before the accident happened and also his recent record of behavior This would assist in establishing the present mental incompetence

They people I would wish to interview to give information that would assist in competency evaluation would be sources who know the defendant well such as the sister and the other family member . I would also request sister to introduce to me friends who could also assist in giving more information

According the Dusky Standards (1960 , Criteria for defendants incompetence include History of illness , irrational behaviors , previous behaviors that portrayed mental disturbance . According to the information given Wilson is incompetent for trial because he has a history of mental illness at the age of 17 . In addition , he has portrayed irrational behaviors at the past which shows a mental disturbance

Wilson has low intelligence , according to the information...