Under what circumstances can a defendant be found competent to stand trial?
California, United States of America
The following excerpt is from People v. Superior Court (Marks), 227 Cal.App.3d 200, 264 Cal.Rptr. 910 (Cal. App. 1989):
Under due process principles, doubts about the defendant's competency do not void the resolution of all issues at the trial; only those not "susceptible of fair determination ... without the personal participation of the defendant." (Model Pen.Code, 4.06, subd. (3) (Proposed Official Draft 1962); and see Jackson v. Indiana (1972) 406 U.S. 715, 740, 92 S.Ct. 1845, 1859, 32 L.Ed.2d 435.)
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