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Competency to stand trial evaluations must address psychological issues and factors that may impact upon the defendant's ability to assist in their own defense. It is not enough to determine the presence or absence of mental illness or mental defect. A finding of mental retardation is also not enough to indicate that the defendant is not competent to stand trial. Information gleaned from psychological testing and clinical interviews must be evaluated in light of the defendant's current ability to assist their attorney in their defense. Because of this, it is the defendant's current psychological and emotional functioning that is important.
For more information on Competency to Stand Trial please click here.