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  • Essay / Competence to Stand Trial - 1260

    The criminal justice system plays a central role in the prosecution and prevention of crimes in society. When a suspect is arrested and then charged with a violent crime, he or she has a legal right to a fair trial. For a criminal proceeding to take place successfully, the accused must be fully aware of their surroundings, have a basic understanding of legal procedures, and be able to defend their case. Competence to stand trial (CST) is essential to maintaining fairness in the courtroom and producing a fair verdict. However, if a defendant is unable to understand a legal proceeding due to mental illness or disability, he or she must be carefully evaluated before being found incompetent to stand trial. Conducting a case with a defendant lacking mental capacity poses many problems because the individual is unable to provide their attorneys with information about their crime or any of the trial testimony. The lack of understandable communication between a defendant and his attorney renders the defense ineffective in the case. Mental disorders in the accused that can lead to disorderly conduct in the courtroom are considered disruptive and weaken the authority of the justice system. Supreme Court cases that have addressed questions of fitness to stand trial over the years have issued important decisions that have highlighted the importance of determining whether or not a defendant is actually incompetent. Concern over fitness to stand trial originated in the 1960s 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. Led alongside two other...... middle of paper ......ng experts to identify mental health symptoms such as delusions, hallucinations and identify if malingering is present. Evaluating a defendant is essential to understanding whether or not they are capable of following a legal process. If a person is indeed found incompetent, attempts to restore their competence are made through drug treatments or mental training on legal information that is essential for them to know in their case. It is imperative to recognize competency to stand trial in the legal system, not only to ensure fairness in the courtroom, but also to provide mentally disordered defendants with the opportunity to have a legally based trial. of their psychological state. Works Cited Costanzo, M. and Krauss, D. (2012). Forensic and legal psychology: psychological science applied to law. New York: Worth Publishers.