Week 8 Notes
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This 2 page Class Notes was uploaded by Emily Brandenburg on Friday March 13, 2015. The Class Notes belongs to 4362 at Ohio University taught by Hoyt in Winter2015. Since its upload, it has received 78 views. For similar materials see Social Psychology of Justice in Psychlogy at Ohio University.
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Date Created: 03/13/15
Chapter 8 Competency x Competency whether the individual has the ability to make their own life decisions x Civil Competency o Involuntary psychiatric hospitalization due to danger to self or others I Danger to self suicidal thoughts or plans An individual could be hospitalized for up to 3 days without having to go to court I Danger to others show intent to harm another person threats I Probate court 0 Competency to manage finances live on own 0 Competency to make treatment decisions I MacArthur Competency Assessment Tool treatment 0 Competency to make a will x Criminal Competency usually the defendant 0 Competent to stand trial I Dusky v United States 0 Sufficient present ability to consult with attorney 0 Rational understanding of proceedings I Burden is on the defense to prove incompetence I Preponderance of evidence is standard 0 Most people are competent to stand trial 0 Competent to enter plea I Johnson v Zerbst 0 Defendant said he was going to plead not guilty but when the judged asked what he plea was he kept saying guilty 0 Competent to represent self I More stringent standard o If the individual is found incompetent then it could be a violation of rights and appeals will be made I Competent to be executed o The individual must understand that they are going to die and if they don t understand then they can t be executed unti competency is restored
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