the legal defense that claims a defendant is unable to understand the charges or assist legal counsel in preparing a defense is incompetent standard to trial.
What is incompetent standard to trial?
- Inability to stand trial means that the defendant is unable, due to mental illness, infirmity or disability, to understand the nature and subject matter of the proceedings or to participate in the defendant's defense.
- Lack of legal capacity to act, especially to testify or bring to trial. Also called "impossible". It can be caused by various kinds of disqualification, incapacity or incompetence. A court may appoint a guardian for a person found to be unsound by a formal hearing.
- A defendant will be barred if he cannot:
- Instruct his lawyers and legal advisers. plea for indictment; challenge judge; comprehend the evidence. Or testify yourself. Failure to perform any of these duties is sufficient to disqualify the defendant.
- If the defendant is found unfit to stand trial, a jury is appointed to determine whether "he committed the act or omission for which he was charged" (a sensitive issue discussed below). ). This is colloquially called the "actus reus" process or "fact-finding".
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