South Dakota Competence - Form of Verdict
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FAQ
Summary: Competence to be sentenced may be defined as a component of a general capacity to undergo legal proceedings, beyond just fitness to stand trial. It applies specifically to the time between the moment the process ends and the moment a sentence is rendered.
1. "Competent" or "competency" means the present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him/her and to effectively and rationally assist in his/her defense.
(2) ?Competent? or ?competency? means mental ability to stand trial. A person is mentally competent to stand trial if he or she is able to understand the character and consequences of the proceedings against him or her and is able properly to assist in his or her defense.
The capacity to be tried in court as determined by a person's ability, at the time of trial, to understand and appreciate the criminal proceedings against him or her, to consult with an attorney with a reasonable degree of understanding, and to make and express choices among available options.
Under state and federal law, all individuals who face criminal charges must be mentally competent to help in their defense. By definition, an individual who is incompetent to stand trial (IST) lacks the mental competency required to participate in legal proceedings.
