PSC 153 Study Guide - Midterm Guide: Wee Care Nursery School Abuse Trial, Insanity Defense, Psychological Evaluation
Document Summary
Cst ability to participate adequately in criminal proceedings and to aid in one"s own defense. Aiding in one"s own defense provide lawyer with info about crime and witnesses. It is important because the adversarial system assumes defense plays crucial role in uncovering the truth. Delicate balance on where to set the bar for cst. Too low legal system may appear unfair. Too high ignorance would excuse crime. Cst is a legal and not a psychological concept. Refers to the defendant"s ability (not willingness) to: Understand current legal situation, charges against them, pleas available, possible penalties if convicted, roles of judge, counsel and prosecutor. Trust and communicate with counsel; help locate witnesses and strategize on their cross-examination; act appropriately during trial. Modern conception of cst defined by the supreme court in dusky vs. united states (1960) Refers to the psychological state of the defendant at the time of trial. Foundational competence capacity to assist counsel.
