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Mental Trial Legal Defendant Determine Eslpod Competence Court

Id ESLPod_1209_CN
Episode Id ESLPod 1209
Episode Title Questioning Mental Competency
Title Determining Competence to Stand Trial
Text

Often the "outcome" (how something ends) of a court trial depends on the attorney's ability to determine the mental competence of the "defendant" (the person who is accused of breaking the law and must defend himself or herself in court) to "stand trial" (participate in a legal court hearing and receive a legal decision). A "competency evaluation" usually occurs before the trial and results in a decision of whether the individual can understand and participate in the "proceedings" (what happens during a legal trial).

Many "psychologists" (scientists who specialize in studying human behavior and mental conditions) specialize in conducting evaluations to determine mental competency. Specifically, they determine whether the defendant understands the "purpose" (why something exists) of the legal trial and whether he or she is able to "cooperate" (work together) with the attorney. The defendant must understand the courtroom proceedings, the "charges" (what someone is accused of), and the potential "penalties" (punishments, such as fines that must be paid or time that must be served in prison). The defendant has to be able to "recall" (remember) the event "in question" (being studied or discussed in the case), including his or her "role" (what one did) in it. Finally, the defendant must be mentally able to "testify" (state the truth before the court) on his or her own "behalf" (for oneself, or for one's own benefit) and interact with the "witnesses" (people who say what happened).

Sometimes defendants "feign" (pretend to have) mental incompetence to avoid facing the consequences of their crime. In those cases, the psychologist's job is to demonstrate the defendant's "malingering" (when one pretends to have an illness or mental condition in order to avoid work or the consequences of one's action).

Topics Health + Medicine

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