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

MultiRegion, United States of America

The following excerpt is from Nicks v. U.S., 955 F.2d 161 (2nd Cir. 1992):

Section 4241 provides that the district court, upon its own motion if necessary, must hold a competency hearing "if there is reasonable cause to believe that 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." Applying these rules, we have stated that a hearing must be held when there is reasonable ground for a district court to conclude that the defendant may not be competent to stand trial. See United States ex rel. Roth v. Zelker, 455 F.2d 1105, 1108 (2d Cir.), cert. denied, 408 U.S. 927, 92 S.Ct. 2512, 33 L.Ed.2d 340 (1972).

Other Questions


When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
Does a defendant need to have a competency hearing to determine whether he is competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant has been found competent to stand trial with mental health issues? ("New York", United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is mentally unfit to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.