How mental health issues can affect criminal trials - CFNews13

How mental health issues can affect criminal trials
By David Fussell, Legal Expert
Last Updated: Monday, June 27, 2011 6:17 PM

Excerpt:

ORLANDO -- There are two major mental health issues which can affect a criminal trial -- one is insanity, the other is incompetence.

Incompetence is the legal term which describes a person who is unable to be tried due to mental health issues. The reason the law provides that a person has to be incompetent to be tried, is the test for determining incompetency is "whether the defendant has sufficient present ability to consult with counsel with a reasonable degree of rational understanding and whether the defendant has a rational, as well as factual, understanding of the pending proceedings."
. . .

What does an expert consider in determining competency:

In determining competence an expert is to consider-

The defendant's capacity to:

appreciate the charges or allegations against the defendant;
appreciate the range and nature of possible penalties, if applicable, that may be imposed in the
proceedings against the defendant;
understand the adversary nature of the legal process;
disclose to counsel facts pertinent to the proceedings at issue;
manifest appropriate courtroom behavior;
testify relevantly; and
any other factors deemed relevant by the experts.

MOre: http://www.cfnews13.com/article/news/2011/june/269878/How-mental-health-issues-can-affect-criminal-trials