What is the test for a jury to find a defendant competent to stand trial?

California, United States of America


The following excerpt is from People v. Marshall, 15 Cal.4th 1, 61 Cal.Rptr.2d 84, 931 P.2d 262 (Cal. 1997):

Here, substantial evidence supports the jury's verdict finding defendant competent to stand trial. Contrary to defendant's assertion, the jury did not have to accept the opinion of experts. As we have observed in the past: "Of course, the jury is not required to accept at face value a unanimity of expert opinion: 'To hold otherwise would be in effect to substitute a trial by "experts" for a trial by jury....' " (People v. Samuel, supra, 29 Cal.3d at p. 498, 174 Cal.Rptr. 684, 629 P.2d 485, quoting People v. Wolff (1964) 61 Cal.2d 795, 811, 40 Cal.Rptr. 271, 394 P.2d 959.)

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