Primarily, the prospect a defendant or a plaintiff suffering from a mental deficiency must be evaluated by an accredited psychiatrist in order to determine the individual’s competency to stand trial. In the event that a mental deficiency is not – or cannot be substantiated – the individual is considered competent to stand trial. 



 



 

The 5 Important Points in Competence


However, if a mental, neurological, or developmental deficiency is found within the individual, they are required to undergo psychiatric evaluation in order to determine if they are competent to stand trial. 



 



 



In the event of a noticeable deficiency – ranging from mental, neurological, or developmental – in order to be considered competent, the individual must:



 



 



·         Be able to understand the court proceeding, charges, and implications of testimony



 



 



·         Be able to display the cognitive ability to accurately recount facts and details



 



 



·         Be able to understand the various roles of the employees of the court, as well as be able to differentiate between them



 



 



·         Be able to adhere to the decorum of the courtroom



 



 



·         Be able to interact with the judge, bailiff, and attorney



 



 



Trials laws has more information on being declared competent to stand trial.