Utah law prohibits the prosecution of a person who is not “competent” to stand trial. The standards for competency in a criminal case are significantly different than standards used in a civil commitment or guardianship context.
Whether the criminal case involves felony charges or misdemeanors, Utah law and principles of constitutional due process require a court to address a defendant’s competency when facts or observations by the court, defense counsel, or the prosecution raise the issue.
“Competent to Stand Trial”
Utah Code 77-15-2 defines “competent to stand trial” as meaning that a defendant has “a rational and factual understanding of the criminal proceedings against the defendant and the punishment specified for the offense charged… and the ability to consult with the defendant’s legal counsel with a reasonable degree of rational understanding in order to assist in the defense.” This definition contains within itself several separate but related elements.
Defendant’s Rational and Factual Understanding
The first set of elements looks at the defendant’s “factual” understanding and “rational” understanding both of the “criminal proceedings” and of the “punishment specified for the offense charged.”
A “factual” understanding requires basic knowledge of the people and processes that a defendant have not only the ability to understand, but also to
Consulting with Defense Counsel and Assisting in the Defense
The second set of elements looks at the defendant’s ability to “consult with” defense counsel and also to “assist in the defense.”
The idea of “consulting” with counsel requires that a defendant be able to both give and receive information — to be able to listen to and to understand the advice or information provided by the defense attorney, to be able to understand questions and give reasonably informed answers and responses, to provide information relevant to the issues and disputes involved in the defense case.
The ability to give and receive information, by itself, does not establish the second set of elements required for a determination of competence. The defendant’s understanding of such information must be rational to a degree that he can meaningfully “assist in [his own] defense.”
In short, it is not enough that a defendant simply “understand” what is happening while standing by as a spectator at trial. Utah law requires that a person charged with the crime be able to actively and meaningfully assist and take part in his own defense.