• How does a defendant's mental health affect the legal process?

    How does a defendant's mental health affect the legal process?

    Under our system, it is unconstitutional to make anyone stand trial who is not mentally
    competent. This means defendants must be able to comprehend the nature of the charges against
    them and to assist properly in their own defense (such as explaining to an attorney what
    happened and which witnesses may be able to substantiate their account). When a defense
    attorney has reason to question a client's competency, he or she will ask the judge to order a
    psychiatric evaluation. Defendants who are found not competent may be committed to a
    psychiatric facility for treatment, where they will stay until they are competent to stand trial. In
    some states, the psychiatric patient must be released after a certain period.

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