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.
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.