What is the test for determining whether a defendant is mentally competent?

California, United States of America


The following excerpt is from People v. Harvey, B275685 (Cal. App. 2017):

1. Penal Code section 1368, states, in relevant part, "(a) If, during the pendency of an action and prior to judgment, . . . a doubt arises in the mind of the judge as to the mental competence of the defendant, he or she shall state that doubt in the record and inquire of the attorney for the defendant whether, in the opinion of the attorney, the defendant is mentally competent. . . . [] (b) If counsel informs the court that he or she believes the defendant is or may be mentally incompetent, the court shall order that the question of the defendant's mental competence is to be determined in a hearing which is held pursuant to Sections 1368.1 and 1369." (Italics added.)

2. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

Other Questions


What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial at a retrospective mental competency hearing? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to defend himself in court? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the evidentiary standard for determining whether a defendant is competent to stand at a new competency hearing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.