OPINION: Ms. Whitmore is competent to proceed. According to the Dusky Standard, she was able to provide a rational and factual understanding of the charges against her. While answering questions she stayed on topic and provided coherent responses, which tells me that she has the ability to communicate and cooperate with an attorney.
COMPETENCY ISSUES:
a. Ms. Whitmore was able to appreciate the charges she is facing. She provided an accurate description. She knew her charges were trespassing and resisting.
b. Ms. Whitmore appreciates the possible penalties she is facing. She declared her charges misdemeanors and in addition to that, she said she would probably have to spend a couple of months since misdemeanors carry a lesser sentence.
c. Ms. Whitmore understands the adversarial nature of court process. She knew all the people involved. She was able to distinguish one from another and everyone else’s role. For example, she identified the judge as neutral and the one that decides the sentence. She knew that when talking with the state attorney she had to be careful because they could use it against her. She knew that her attorney was in charge of her defense. She knew the difference between a defendant, a witness, and a victim; that one is herself because the charges …show more content…
Whitmore is competent to proceed. Taking into account that she showed two different types of behavior one at the time of the arrest and the other one at the time of the evaluation because of the psychotropic medication we cannot say that she is incompetent just because she is mentally ill. Even though her mental functioning is dependent upon such medication it doesn’t rule out the possibility of her being able to demonstrate a rational and factual understanding of the charges and allegations she is facing. Her responses were coherent, she stayed on topic and, more importantly, did not display any behavioral problems which it all helps at the time of communicating with her