Exam Preview for 1559: An Overview of Competency Restoration Octobe

An Overview of Competency Restoration

Please note: exam questions are subject to change.

1. What likely is not one of the reasons the United States is in a competency crisis? Attorneys and/or Judges are better attuned to mental health issues and how they may influence someone’s ability to understand and participate in their court proceedings. Court orders for competency to stand trial evaluations are increasing in frequency every year. No one knows. There is often a waitlist to receive restoration treatment.
2. Which is not a type of competency restoration program that a defendant can be court-ordered to participate in? A competency restoration program available through an outpatient clinic. Competency restoration provided within an inpatient psychiatric hospital. A jail-based restoration program. A self-paced competency restoration program that can be completed anywhere.
3. According to U.S. v. Dusky (1960), which is necessary for a defendant to be found competent to stand trial? To be a legal expert. To receive 100% on a vocabulary examination. A sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding, and a rational, as well as factual understanding of the proceedings against them. The desire to work with their current attorney.
4. How long can a defendant be held for competency restoration and evaluation? One year. It depends on state statutes, likely due to the lack of specific guidance from the Supreme Court (Jackson v. Indiana). 90 days. The length of the potential sentence.
5. Which is considered as part of the Factual prong of competency restoration? Knowing all the first and last names of the courtroom personnel. Considering the differences and benefits of a jury trial and a bench trial. Knowing all the legal terms that may be used during the court proceedings. Understanding plea options available to them and the subsequent legal procedures.
6. Which is considered as part of the Rational prong of competency restoration? Being able to discuss potential benefits and consequences of different options that may come up in a court hearing, such as choosing to testify in one’s own case or not. Knowing your attorney’s name. Describing the plea options available to them. Identifying themselves as the defendant.
7. What is the least important when considering the Ability to Communicate with and Assist Legal Council prong of competency restoration for an individual ordered to undergo a competency to stand trial evaluation? Describing their preferred type of sentencing should they be found guilty or choose to accept a plea bargain. Knowing which legal standard and arguments their attorney is going to use to fight their case. Being able to share their understanding of the alleged offenses. Stating their opinion of how they want to proceed in their cases.
8. What type of mental illness is the more likely to impact a defendant’s competence? Mood disorders. Learning disorders. Substance use disorders. Psychotic disorders.
9. Which is the least important consideration when designing a competency restoration treatment plan? Acuity of mental health symptoms. The potential of an intellectual disorder. Hair color. Adherence of psychotropic prescriptions.
10. Which of the following is a limitation of the current research on competency restoration? While there is some research on the current competency restoration practices, it is limited and does not detail a guide for best practices. There is too much research competency restoration. There is no research on current competency restoration practices. All of the above.