Steven Paul
William Carey University
The basic outline for competency to stand trial is for a person to be aware of the proceedings, know what they are being charged with, and the ability to interact with attorney to work on their own defense. This seem like a simple and easy task to take place, but each year numerous people are unaware of what is happening to them when they are arrested and brought in for initial hearing. Competency is something that can easily be missed if not addressed early on, once noticed the attorney or prosecution may ask for a competency evaluation. The judge holds the decision in his hand but once the issue of competency is raised it would be …show more content…
Missouri in 1975. This case is brought to the Supreme Court for review in 1969 where Drope, the Petitioner, and his acquaintances are charged with assisting in a rape and kidnapping of his wife. Once indicted the petitioner files a motion in order to obtain psychiatric evaluation and further treatment; this request is quickly denied. Once on to trial, Drope does not try to deny the claim against him however; his wife attests to acts of strange behavior, anti-social behavior, and recalls an incidence in which he tried to murder her the Sunday before the trial begins. Two days into the trial Drope shoots himself and is hospitalized unable to return, the court decides to continue on the basis that his absence was on this own accord. The case was closed with a jury finding him guilty and sentenced to life in prison. Once sentenced he immediately filed an injunction asking for another trial do to the fact he was deprived of his constitutional rights after not being given a mental competency hearing prior to or during trial. This case is seen by the same judge that has just sat through the previous trial. This motion is discarded upholding the ruling of the previous court, which this verdict is held up in the Missouri Supreme Court as well. Once heard by the Supreme Court they find that there should have been a mental competency hearing ordered prior to trial due to overwhelming evidence of mental instabilities. His suicide attempt should have also caused for a hold on the trial in order for mental competency to be reviewed at that point. Petitioner’s attorney asks for a recess at the time of the shooting and is denied. The court is ordered to proceed without him there; the Supreme Court finds this to be another oppression of his constitutional rights. This is a very good example of the mental competency evaluation and the importance that it plays for patients. Some patients should be in mental rehabilitation’s but are