unfitness

What Does The Defendant Have To Prove To Be Ruled Incompetent To Stand Trial?

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What Does The Defendant Have To Prove To Be Ruled Incompetent To Stand Trial? Under California law, a defendant is mentally incompetent to stand trial if, as a result of a mental disorder or developmental disability, he cannot: (1) understand the nature of the criminal proceedings, or (2) assist counsel in the conduct of a

What Is The Capacity Of A Person Adjudicated Incompetent By A Court Order?

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What Is The Capacity Of A Person Adjudicated Incompetent By A Court Order? A person who has been declared incompetent in a court proceeding lacks the legal capacity to enter into a contract with another. Such a person is unable to consent to a contract, since the court has determined that he does not understand