Incompetent to proceed means that a juvenile, based on age-appropriate norms, lacks a reasonable degree of rational and factual understanding of the proceeding or is unable to do 1 or more of the following:
Incompetent to proceed means that a defendant is not competent to stand trial.
Incompetent to proceed means “the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding” or “the defendant has no rational, as well as factual, understanding of the proceedings against her or him.” S. 916.12(1), F.S.
Examples of Incompetent to proceed in a sentence
Incompetent to proceed and cannot attain competency.If a juvenile is determined to be incompetent and unlikely to gain competency through the provision of remediation services, the juvenile is considered not restorable.
Document Type Doctoral Research Paper Degree Name Psy.D. Department Graduate School of Professional Psychology First Advisor Jennifer Cornish Second Advisor John McNeill Third Advisor Chad Waxman Keywords Music therapy, Incompetent to proceed, Mental disability, Developmental disability, ACT Subject Categories Cognition and Perception | Disability Studies | Other Psychology | Psychoanalysis and Psychotherapy | Psychology Publication Statement Copyright is held by the author.
More Definitions of Incompetent to proceed
Incompetent to proceed means that, as a result of a mental disability or developmental disability, the defendant does not have sufficient present ability to consult with the defendant's lawyer with a reasonable degree of rational understanding in order to assist in the defense, or that, as a result of a mental disability or developmental disability, the defendant does not have a rational and factual understanding of the criminal proceedings.
Incompetent to proceed means that, as a result of a
Incompetent to proceed means that, based on an
Incompetent to proceed means “the defendant does not have sufficient present ability to consult with her or his lawyer
Incompetent to proceed means unable to proceed at any material stage of a criminal proceeding, which includes the shall include trial of the case, pretrial hearings involving questions of fact on which the defendant might be expected to testify, entry of a plea, proceedings for violation of probation or violation of community control, sentencing, and hearings on issues regarding a defendant’s failure to comply with court orders or conditions or other matters in which the mental competence of the defendant is necessary for a just resolution of the issues being considered.
Incompetent to proceed means that, based on an intellectual or developmental disability, mental disability, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding in order to assist in the defense or that he or she does not have a rational as well as a factual understanding of the proceedings against him or her.
Incompetent to proceed means that, based on an intellectual or developmental disability, mental health disorder, or lack of mental capacity, a juvenile does not have sufficient present ability to consult with the juvenile's attorney with a reasonable degree of rational understanding in order to assist in the defense or that the juvenile does not have a rational as well as a factual understanding of the proceedings taking place.