What is the current standard for determining whether a defendant is mentally incompetent?

California, United States of America


The following excerpt is from People v. Nash, F066160, F066278 (Cal. App. 2015):

For criminal defendants, section 1367 is intended to codify the constitutional standard. (See People v. Welch (1999) 20 Cal.4th 701, 777.) It provides the following definition of incompetence: "A defendant is mentally incompetent ... if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner." ( 1367, subd. (a), italics added.)

Other Questions


What is the current standard for determining whether a defendant is mentally incompetent? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the standard for determining whether a defendant is mentally incompetent to counsel? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
What is the test for determining whether a defendant is mentally incompetent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally incompetent? (California, United States of America)
What is the test for mental illness or defect to determine whether a defendant was mentally ill at the time of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.