What is the test for determining whether a defendant is competent to stand trial?

California, United States of America


The following excerpt is from People v. Johnson, 241 Cal.Rptr.3d 782, 432 P.3d 536, 6 Cal.5th 541 (Cal. 2018):

with substantial evidence of incompetence, that is, evidence that raises a reasonable or bona fide doubt concerning the defendants competence to stand trial." ( People v. Rogers (2006) 39 Cal.4th 826, 847, 48 Cal.Rptr.3d 1, 141 P.3d 135 ; see 1368.) Unless the record contains substantial evidence of present mental incompetence, we review a trial courts failure to initiate the competency inquiry only for abuse of discretion. ( Mickel , at p. 195, 211 Cal.Rptr.3d 601, 385 P.3d 796.)

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