Competency To Stand Trial Essay

1. Before a court is permitted to allow a criminal defendant to stand trial, plead guilty, or waive constitutional rights, the court must be satisfied that the defendant is competent to engage in any of these activities. What is meant by competency? Describe the legal standard for determining competency to stand trial and waive rights in a criminal case.
When the court mentions the word competency, they mean that the defendant should be able to understand the court system enough to be able to represent themselves or appoint counsel to help them engage in these activities. The defendant’s competency has to be tested before the trial can be completed. It is determined by asking two questions: does the defendant understand that he or she has been charged with a crime and faces government punishment if convicted and is the defendant capable of assisting in his or her defense.
2. What is the difference between jurisdiction and venue?

Jurisdiction is the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal case. Venue is the particular county or geographical area in which a court with jurisdiction may hear and determine a case.

3. Discuss the similarities and
They can also grant immunities to compel a witness to testify. Grand jury proceedings are conducted in secrecy and are non adversarial. In preliminary hearings, probable cause is determined by the magistrate. It differs from grand jury proceedings in that they are a formal adversarial proceeding. Preliminary hearings have no subpoena power unlike grand jury proceedings. Grand jury hearings the defendant doesn’t have to be present, has no right to counsel or offer