August 2020

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What is the Difference Between Competency and Sanity?

What is the Difference Between Competency and Sanity?

An area of law that is often confused is the concept of competency to stand trial versus insanity.  While these two concepts are often related, they have much different meanings in the context of a criminal case. Competency to Stand Trial Competency to stand trial is a very minimal standard.  A defendant is not competent to stand trial when he is unable to understand the proceedings and assist in the preparation of his defense.  If…

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A question and answer perspective of a family member whose loved one is facing a sex crime and jail

A question and answer perspective of a family member whose loved one is facing a sex crime and jail

I would like to share my story not because it is so unique, but because, I believe, it is all too common.  To set the stage, I am the next of kin for my nephew who is now serving time for a Level 4 felony of child molestation.  I will reference the 5 stages of grieving developed by psychiatrist Elisabeth Kübler-Ross: Denial, Anger, Bargaining, Depression and Acceptance. Q: As a loved one of someone charged with…

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