Does a defendant's silence and refusal to speak raise a reasonable doubt about his competency to stand trial?
California, United States of America
The following excerpt is from People v. Hernandez, E061591 (Cal. App. 2016):
trialthat is, unable to understand the nature of the proceedings and rationally assist his counsel in his defense. ( 1367, subd. (a); People v. Halvorsen, supra, 42 Cal.4th at p. 401.) Thus, defendant's silence and refusal to speak was insufficient to raise a reasonable doubt concerning his competency to stand trial.
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