Mr. Blaine Case Summary
According to Florida statute, there is a total of six issues regarding competency to proceed. First, a competent defendant should be able to understand the course of the legal process, as well as the adversarial nature of the justice system. Second, a defendant should have the ability to understand and appreciate the allegation of the accusations against him. Third, the defendant must have the capacity to behave appropriately while in the courtroom during trial or litigation. Fourth, a defendant should demonstrate an understanding of the potential consequences and legal actions that are likely to be imposed if or when he is charged with the crimes as accused. Fifth, the defendant should be able to disclose facts or relevant information relating …show more content…
Blaine would significantly struggle with a number of the competency criteria based on the information provided. For instance, one of the areas that Joey might have a considerable amount of trouble in meeting the criteria for competency to proceed is in the first standard of competency, which relates to having the simple understanding of the legal process and the adversarial nature of the justice system. Considering that Mr. Blaine only has a 3rd grade level of reading and writing skills, it’s highly unlikely that he will have any degree of rational or functional understanding of the legal proceedings as mentioned in the first prong of the Dusky standard, even if he is provided with both written and oral instruction or notice. Oral instructions probably wouldn’t help him either since Mr. Blaine easily becomes confused while in conversation with others. This may also pose a serious problem with how effectively Mr. Blaine might communicate his lawyer and/or defense team, which is in opposition of the second prong of the Dusky standard as well. Furthermore, if Mr. Blaine is unable to comprehend the legal process or efficiently communicate his defense than he is also unlikely to truly understand the potential penalties if the court prosecutes him on charges of
Johnson And Sawyer Case Summary
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