Cja 354 Week 2 Team

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Date Submitted: 05/12/2013 06:43 AM

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In the case of State vs. Stu Dents what is apparent is that the individual suffers from some sort of mental defect. The team believes that there is sufficient reason to believe that he is not competent to stand trial. His actions and statements before and after the murder show that there is a problem with his competency. In any case were competency is questioned the individual would have to participate in his own defense and also be able to comprehend the charges that have been made against him (Weber, 2011). Mr. Dent’s irrational and delusional behavior months before the incident happened shows that his reasonable degree of rational understanding is hindered. Taking into consideration his ideas on multiple subjects it is likely that he may not be able to understand the proceedings against him.

In the state of Missouri the defense has the burden of proving insanity. The Missouri revised statute 552.030 states “ that a person is not responsible for criminal conduct if , at the time of such conduct ,as a result of a mental disease or defect, such person was incapable of knowing and appreciating the nature , quality or wrongfulness of such conduct ” (Missouri Revised Statues). This statue is modeled after the M’Naghten standard, and it is also used in the majority of other states in the United States. Each state elected to choose who has the burden of proof of guilt.

By law a person who is legally incompetent cannot be forced to stand trial for a criminal offense because of the fact that it would be unconstitutional (Weber, 2011). With the evidence of 300 photos stapled to the wall; love letters; a journal six month old that spoke of aliens, God and the end of the world, there is no question as to whether he was in his right mind at the time of the incident because he clearly was not. Mr. Dents displayed delusional and irrational behavior up to the time of being arrested. The question of a defendant’s ability to stand trial pertains to the offender’s...