Memorandum of Law: Competency & The Criminal Justice System

61771539588500 Whalling Law Group, PLLC 3300 West Lakeview Blvd. Office 221B Phoenix, AZ 85017 Memorandum of Law To: Kevin Whalling, Esq. From: [Student Name] Date: [Assignment Due Date] Subject: The Mental Competency of the Accused- Clara Johnson. Issue To determine whether the accused is mentally competent to be held liable for battery charges and stand trial. Facts Criminal competency means the capacity of the defendant to understand the charges, rationally present their arguments, and make an informed decision during the proceedings (Pinals & Callahan, 2020). The criminal justice system intends to uphold respect and fairness by ensuring the competency of those involved in the case. It involves playing a fair role in the defense since incompetency hinders the trial and conviction of the defendant. The prosecution's evidence is not considered when the competency level of the defendant is found to be incompetent to stand for trial. Criminal competency serves to preserve the defendant's dignity in a trial. It also reduces the risks of erroneous judgments in the law courts. Finally, it protects the defendant's autonomy to make a decision. Competency entails the mental abilities and cognitive capabilities that equip one with the rationale to make legally defined acts. It affects mental capacity by influencing an individual's rationale to take legally recognized actions (Ogunwale et al., 2023). However, a person with insanity does not have the judgment to know what is right or wrong. Insanity affects an individual's mental capacity to make informed decisions. A competent person is culpable because they are aware of wrong actions and can be held criminally accountable. However, insanity affects an individual’s culpability because they cannot be held accountable for their actions because of their mental state. Competency gives a provision for one to provide defense during a trial. However, insanity affects the defense since one is neither mo...