What is the test for determining whether a defendant is mentally competent to stand trial?

California, United States of America


The following excerpt is from People v. Moore, B286405 (Cal. App. 2019):

A defendant is presumed competent to stand trial, unless the contrary is established by a preponderance of the evidence. (People v. Campbell (1976) 63 Cal.App.3d 599, 608; see also Pen. Code, 1369, subd. (f).) "A defendant is deemed incompetent to stand trial if he lacks ' " 'sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding . . . [or] a rational as well as factual understanding of the proceedings against him [or her].' " ' " (People v. Lightsey (2012) 54 Cal.4th 668, 690; accord, People v. Mickel (2016) 2 Cal.5th 181, 194-195; see also 1367, subd. (a) ["A defendant is mentally incompetent . . . if . . . 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."].)

Other Questions


What is the test for determining whether a defendant is competent to stand trial at a retrospective mental competency hearing? (California, United States of America)
What is the test for determining whether a defendant has mental competence to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial after a second competency hearing? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.