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Assessing Competency to Stand Trial - What it Means for Your Next Case

Learn the different jurisdictional standards for competency to stand trial and the procedures for getting your client evaluated.

Most criminal defense attorneys will eventually encounter a client who seems irrational and unable to understand the basic workings of the justice system. The client is ill-equipped to assist in their defense and may even appear intent on harming their own case. Often attorneys will also represent people who may be stable at the time of the proceeding but were impaired when they committed the crime. This topic will explain the distinct standards for a determination of not guilty by reason of insanity and how the procedures for determining competency and legal insanity often overlap. Finally, this information will enable attorneys to better assist their clients by explaining how to get them the care they need while ensuring their right to a fair trial is protected.

87 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Competency to Stand Trial

  • Definitions of Terms
    • Federal Definition of Competency
    • State Standards Vary Widely: NY, TX, CA, VA, etc.

Not Guilty by Reason of Insanity - the Insanity Defense

  • Four Main Standards
    • Federal Test Insanity Defense Reform Act of 1984 (IDRA)
    • M'Naghten Test
    • Irresistible Impulse Test
    • American Law Institute (ALI) Test

Distinction Between Competency to Stand Trial and the Insanity Defense - Not Guilty by Reason of Insanity (NGRI)

  • Competency to Stand Trial - Solely Concerned With a Defendant's Mental State at the Time of Criminal Proceedings
  • Not Guilty by Reason of Insanity - Solely Concerned With a Defendant's Mental State at the Time of the Crime

Procedures for Assessing Competency to Stand Trial (Federal)

  • Initial Considerations - 18 U.S.C. § 4241
  • Psychiatric or Psychological Evaluation - 18 U.S.C. §4247(b)
  • Report - 18 U.S.C. § 4247(c)
  • Hearing - 18 U.S.C. § 4247(d)

Procedures for Determining NGRI (Federal)

  • The Insanity Defense Reform Act of 1984, Signed Into Law on October 12, 1984, Was the First Comprehensive Federal Legislation Governing the Insanity Defense and the Disposition of Individuals Suffering From a Mental Disease or Defect Who Are Involved in the Criminal Justice System
  • 18 U.S.C. § 4242 (a)
  • The Evaluation and Report Are Governed by § 4247(b) and (c)

Practical Considerations

  • Consequences of a Finding of Incompetency
  • The Consequences of Requesting an Insanity Defense
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 29, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Meredith S. Heller

Meredith S. Heller

Law Office of Meredith S. Heller PLLC

  • Principal, the Law Office of Meredith S. Heller PLLC
  • Practice emphasizes criminal defense and professional responsibility
  • Frequent speaker at CLEs on substance abuse and the profession, as well as professional ethics, generally
  • Current chair of the New York City Bar Association’s Professional Responsibility Committee
  • Member of the New York City Bar Association (former chair, Professional Responsibility Committee; former chair, Lawyers Assistance Program Committee); New York State Bar Association (member of Professional Discipline Committee); New York Association of Criminal Defense Lawyers; National Association of Criminal Defense Lawyers, Association of Professional Responsibility Lawyers; and Federal Bar Council
  • J.D. degree, Cardozo Law School; M.A. and B.A. degrees, Case Western Reserve University
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 400510
Published 2019
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