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Competency in Oklahoma Criminal Law

Competency and Not Guilty by Reason of Mental Illness are not the same thing. Every defendant that is found Not Guilty by Reason of Mental Illness necessarily was found competent, or they would never have been found Not Guilty by Reason of Mental Illness.

Not Guilty by Reason of Mental Illness deals with a defendant's mental state at the time of the commission of the acts that would have made them guilty of the offense if they would have been able to "understand the nature and consequences of his or her actions or was unable to differentiate right from wrong."

Competency involves a defendants present mental state and involves whether or not the person is able to appreciate the nature of the charges against them and is able to rationally assist their lawyer in preparation of a defense of the charges against them.

All that is required to raise the competency issue is sufficient facts to raise a doubt as to whether or not a defendant is presently competent or not. Then the person is examined by a qualified mental health professional. After that report has been prepared, the court holds a hearing. At that hearing the parties can agree or stipulate to that expert's opinion or they can have a hearing or even a jury trial on competency. Family members and in some cases friends have the right to demand a jury trial on competency. I suspect the reason that the legislature gave family members and even friends of a defendant the right to demand a jury trial on competency is because if there is a question of whether or not a defendant is competent, than the judicial system can not rely on the defendant to make that decision or themselves.

However, once it has been established that a defendant is competent to proceed, the defendant has the decision making rights and the friends and family members do not have that legal right. Of course a defendant can consult with his or her family and friends regarding their decision.

The term "competency" comes up in Oklahoma criminal law in multiple scenerios and the term competency means different things depending on the situation that it is used in. Competency is most often used in referring to the "competency" of the defendant to participate in the criminal justice system. If a defendant is not competent or there is a doubt as to the defendant's competency than the criminal proceedings must stop until the defendant regains competency. If the defendant is unable to regain competency in a reasonable period of time than criminal charges will be dismissed.

Legal Definition of Competent or Competency

"Competent" or "competency" means the present ability of a person arrested for or charged with a crime to understand the nature of the charges and proceedings brought against him or her and to effectively and rationally assist in his or her defense.(See Oklahoma Statute Title 22 Section 1175.1)

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