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This section codifies the two-part ?understand-and-assist" due process test for determining competency set forth in Dusky, 362 U.S. 402 (1960), that considers whether a defendant: 1) has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding; and 2) has a ...
Stat. § 971.13. Section 971.13 - Competency (1) No person who lacks substantial mental capacity to understand the proceedings or assist in his or her own defense may be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures.
The standard of competency to represent oneself at trial is the same standard as competency to stand trial. The federal constitutional right to self-representation requires that a defendant who is competent to be tried for a crime be permitted to proceed pro se if that is the defendant's choice.
What Happens After the Hearing. If a court finds you are incompetent, then the trial will be suspended, and the court can order one of the following actions: Commitment to a secure state mental hospital or treatment facility (which can include jail) Commitment to receive treatment on an outpatient basis.
Under Wisconsin law, a person cannot be held criminally liable for his conduct, even if the conduct resulted in a homicide, if at the time that the crime was committed he had a mental defect that caused him to lack substantial capacity either to understand and appreciate the wrongfulness of his conduct or conform his ...
971.13 Competency. (1) No person who lacks substantial mental capacity to understand the proceedings or assist in his or her own defense may be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures.
A judge will evaluate competency on a case-by-case basis, usually with the assistance of psychologists. They have the authority to order that a defendant take medication to address a condition if this would make them competent. A judge will need to determine competency early in the process, as soon as it is raised.