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Defendants who cannot Stand Trial

Defendants who cannot Stand Trial

Do a brief description of two hypothetical examples of defendants who could be considered incompetent to stand trial using the federal definition of competency to stand trial (listed below). Explain how and why each might be considered incompetent, linking your reasoning to the language of the definition. Be specific.

The federal definition of incompetency to stand trial is as follows: “…the defendant may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense” (U.S. Code ยง 4241).

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Category: Sample Questions