JUST 550 Lecture Notes - Lecture 4: Sentenced, Bipolar Disorder, Intellectual Disability
Document Summary
I. themselves, should not prosecute people who are deaf, mute, or lunatics. Immoral to send someone incompetent to prison. We have the constitutional right to a fair trial where we can defend ourselves. Appealed by his lawyers to supreme court. His schizophrenia led to: unable to tell his side of the story, unable to consult with lawyer, unable to understand the charges brought against him. Initially the burden was on dusky to prove himself incompetent. After appeal, he was retried: never committed sexual assault, only helped apprehend victim, higher level of competency, received help to tell his story, still found guilty, only given 20 year sentence. Iii. important things to know about competency to stand trial: Based on the defendant"s current level of mental functioning. 3) the relative threshold is not very high. The defense attorney: will raise cts in most cases, will not be able to work with defendant not cooperating not understanding.
