Oliver has been charged with murder. Oliver, who has a psychiatric history, does not seem to understand the charge against him. He has not answered any of the questions that his lawyer has asked him so he has not been assisting with his defense. Although his IQ has been tested and found to be in the low normal range, he does not seem to understand that if he pleads guilty, he is going to go to prison. Which of the following is the crucial issue that will determine whether or not Oliver is judged as incompetent?

Question

Quizplus · Accepted Answer

The crucial issue that will determine whether or not Oliver is judged as incompetent is his inability to participate knowingly and meaningfully in the proceedings and his inability to work with defense counsel. Competency to stand trial requires that a defendant understands the charges against them and can assist in their own defense, which encompasses both understanding the proceedings and collaborating with their lawyer.

Oliver Has Been Charged with Murder