Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms.
Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cannot testify. The English equivalent is fitness to plead.
United States
The word incompetent is used to describe persons who should not undergo or partake in certain judicial processes, and also for those who lack mental capacity to make contracts, handle their financial and other personal matters such as consenting to medical treatment, etc. and need a legal guardian to handle their affairs.Competence to stand trial
In United States law, the right to not be prosecuted while one is incompetent to stand trial has been ruled by the United States Supreme Court to be guaranteed under the Due Process Clause. If the court determines that a defendant's mental condition makes him unable to understand the proceedings, or that he is unable to help in his defense, he is found incompetent. The competency evaluation, as determined in Dusky v. United States, is whether the accused "has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him." Being determined incompetent is substantially different from undertaking an insanity defense; competence regards the defendant's state of mind at the time of the trial, while insanity regards his state of mind at the time of the crime. In New York a hearing on competence to stand trial may be referred to as a "730 exam", after the law that governs the conduct of the exam, New York CPL Sec. 730.In 2006, the United States Court of Appeals for the Tenth Circuit considered the legal standards for determining competence to stand trial and to waive counsel using the standards of objective unreasonableness under the Antiterrorism and Effective Death Penalty Act.
A ruling of incompetence may later be reversed. A defendant may recover from a mental illness or disability, and a court may require a defendant to undergo treatment in an effort to render him competent to stand trial. For example, in 1989, Kenneth L. Curtis of Stratford, Connecticut was found mentally incompetent to stand trial following the murder of his estranged girlfriend. But years later, as he had attended college and received good grades, this ruling was reversed, and he was ordered to stand trial.
Competence to be executed
An inmate on death row has a right to be evaluated for competency by a psychologist to determine if punishment can be carried out. This is a result of Ford v. Wainwright, a case filed by a Florida inmate on death row who took his case to the United States Supreme Court, declaring he was not competent to be executed. The court ruled in his favor, stating that a forensic professional must make that competency evaluation and, if the inmate is found incompetent, must provide treatment to aid in his gaining competency so the execution can take place.Competence to enter into a contract
Generally, in the United States, a person has the capacity or competence to make the decision to enter into a contract if he can understand and appreciate, to theextent relevant, all of the following:
- The rights, duties, and responsibilities created by, or affected by the decision.
- The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision.
- The significant risks, benefits, and reasonable alternatives involved in the decision. See, e.g., California Probate Code §812.
Competence and Native Americans
The Act of June 25, 1910 further amends the GAA to give the Secretary of the Interior the power to sell the land of deceased allottees or issue patent and fee to legal heirs. This decision is based on a determination made by the Secretary of Interior whether the legal heirs are ‘competent’ or ‘incompetent’ to manage their own affairs.
Competence and Immigrants
In the United States, legal proceedings in immigration court typically revolves around the removal of a non-citizen national due to his unlawful presence in the country. In these situations, non-citizens are placed in immigration court hearings where "immigration judges determine whether respondents should be ordered removed from the United States or granted relief or protection from removal... and permitted to remain in the country." Like in other court proceedings, competency can be raised by either parties or the judge if the non-citizen exhibits questionable capacity. In this particular setting, non-citizens are presumed to be competent as determined by Matter of M-A-M where they have "a rational and factual understanding of the nature and object of the proceedings, can consult with the attorney or representative if there is one, and has a reasonable opportunity to examine and present evidence and cross-examine witnesses." The language in Matter of M-A-M is similar and holds aspects to Dusky v. United States, but in the case that there is evidence of incompetency in the non-citizen, there are two instances where it differs. The first being that the court hearing may proceed regardless if the individual lacks "the competency to participate meaningfully in them" as long as there is the appropriate safeguards in place to ensure a fair trial. Secondly, because a non-citizen lacks the entitlements of a citizen, he is not entitled to counsel in removal proceedings.Competence to Testify
In the United States, individuals who want to testify as a witness in a trial are generally found to be competent unless proven otherwise. However, questions of competency can be raised regarding any person who might issue a testimony and can occur in both criminal and civil trials. Groups most likely to trigger a competency issue are children, people with intellectual or developmental disabilities, people with mental illnesses, and people who have abused substances. Before 1975, certain populations had to prove competency in order to testify, however this changed after the addition of Rule 601 in the Federal Rules of Evidence which states “every person is competent to be a witness, except as otherwise provided in these rules." This sets a standard that individuals cannot be excluded from testifying based merely on age, cognitive impairment, or mental illness. An individual may be deemed incompetent to testify as a witness if his testimony is found to be irrelevant or misleading, or if he cannot be truthful.Witness competency is different from credibility. Competency refers to a witness' capacity to accurately relay the details of the event, but credibility refers to the likelihood of truthfulness in his testimony. While competency to testify is determined by the trial judge, the credibility of that testimony is weighed by a jury. Historically, witness competency rules in most American states prohibited testimony by slaves and free blacks.