Can a psychiatrist examine a defendant's mental state to determine his competency to stand trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garcia, 739 F.2d 440 (9th Cir. 1984):

Similarly, in United States v. Driscoll, 399 F.2d 135 (2d Cir.1968), a court appointed psychiatrist examined the defendant to determine his competency to stand trial. Testimony based on the examination was introduced at trial to rebut an insanity defense. The court held that the defendant was entitled to notice that the psychiatric examination could be used to establish sanity as well as competency, in part so he could consult with counsel in order to fully and intelligently respond to questions. Id. at 138.

Other Questions


When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
Can a state involuntarily administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges to render that defendant competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
Does a defendant need to have a competency hearing to determine whether he is competent to stand trial? (MultiRegion, United States of America)
When will a judge order a mental competency examination to determine whether a defendant is competent to plead guilty? (MultiRegion, United States of America)
What is the test for determining whether a defendant has been found competent to stand trial with mental health issues? ("New York", United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.