FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources
INSTRUCTOR’S MANUAL FOR TEACHING FACTUAL KNOWLEDGE
(Adapted from materials provided by Colorado Mental Health Institute) January 21, 2008 Table of Contents
Module 1. Competency education 3
Goals of competency education 3 Competency education sessions 3 Expectations at each session 3 Factors related to limited effectiveness of competency education program 4 Handling disruptive behavior in sessions 4
Module 2. General classification of incompetent to proceed residents 5
Module 3. Florida’s competency to proceed factors 6
Module 4. Overview of competency to proceed 8
Module 5. Vocabulary list for competency to proceed 13
Module 6. Appreciation of charges 16
Module 7. Appreciation of possible penalties 17
Module 8. Understanding the adversarial nature of the legal process 18
Module 9. Questions about the jury 21
Module 10. Ability to manifest appropriate courtroom behavior 22
Behavior check-up (by resident) 24 Behavioral checklist (by staff) 25
Module 11. Competency education review 26
Module 12. Review of essential vocabulary for defendants 28
Module 13. Competency screening test 32
CompKit: Instructor’s Manual for Teaching Factual Knowledge 2 Module 1
COMPETENCY EDUCATION
Goals of competency education
1. To provide the resident with accurate and relevant information about the criminal justice system
2. To set social and behavioral expectations for the resident’s cooperation and participation in the criminal justice system
3. To monitor progress in stabilization of the resident’s mental disorder
4. To monitor progress in ability to understand the criminal justice system
5. To assist the rest of the Service Team in narrowing the issues relevant to competency in each resident’s case
Competency education sessions
Staff will remind participants that a successful outcome for each session requires from each participant:
Attention
Concentration
Behavioral cooperation in group
Social cooperation in group
Expectations at each session
Staff will remind participants at the beginning of each session of the following expectations:
Participants will take part in group discussion
Participants will approach program with cooperative attitude
Participants will acquire a clearer understanding of the criminal justice system
CompKit: Instructor’s Manual for Teaching Factual Knowledge 3 Participants are free to express personal viewpoints as long as the group is not disrupted or sidetracked
Factors that can limit the effectiveness of competency education
Staff may observe and document these or other characteristics of residents who are experiencing difficulty in the sessions:
Impaired attention
Impaired concentration
Impaired goal-directed, logical thought
Severe suspiciousness
Guardedness
Hostility
Personal, unrealistic beliefs involving resident’s specific legal circumstances
Handling disruptive behavior in sessions
1. Staff will ask participant to bring behavior in line with expectations
2. If compliance is not achieved, the participant is excused from that session
3. There will be an opportunity for the participant to comply through appropriate participation at next scheduled session
CompKit: Instructor’s Manual for Teaching Factual Knowledge 4 Module 2
GENERAL CLASSIFICATION OF ITP RESIDENTS
Many of our ITP residents can be loosely classified in terms of their competency status in one of the following ways:
1. ADVANCED/MAINTENANCE: These residents have successfully completed the competency evaluation or are close to doing so. Their knowledge is intact and their behavior is appropriate. Education sessions should focus on coping strategies, jail re-entry, and continuing treatment in jail and beyond.
2. DELUSIONAL/IRRATIONAL: These residents have an adequate awareness of their charges, the courtroom proceedings, and the likely outcome but they distort or misinterpret the reality of their particular situations. Education sessions should focus on more realistic, not irrational, coping and communication skills.
3. LOW FUNCTIONING: These residents are limited in their ability to comprehend or retain information. They need education that is remedial and information that is repeated over and over. Education sessions should focus on the role and functions of court participants, court procedures, words and terms, and possible legal consequences.
4. PSYCHOTIC/CONFUSED: These residents are poorly able to understand or communicate information because of disorganized thinking. They need treatment intervention for psychosis so it does not interfere with competency. They may not be able to benefit from attendance at education sessions; instead, they need referral to Service Team and psychiatrist. They may benefit from individual, rather than group, competency education.
5. DISRUPTIVE: These residents may display attention-seeking, impulsive, controllable or belligerent behavior that impedes learning, task completion, attention span, retaining information, or communicating. The goal with these residents is to secure their participation through reinforcement. If not, they may have to be excused from the session. They may benefit from individual, rather than group, competency education.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 5 Module 3
FLORIDA’S COMPETENCY TO PROCEED FACTORS
Staff teaching the competency education classes should reassure residents that they do not have to be “perfect” to be competent. They can have some symptoms or some problems as long as they are able to function adequately in the six areas below.
Staff should also remind residents that in Florida, only a judge can determine whether or not they are competent. The hospital provides an opinion in the competency report, but the judge must rule on that opinion before the resident is truly Competent to Proceed.
Florida requires that six areas be assessed in determining whether someone is competent to proceed:
1. APPRECIATION OF CHARGES: Here the resident needs to know what offense she is accused of committing, what she was arrested for, what her charge is. She should also know the legal terminology for her charge (example: Resident may know she is accused of taking a car that does not belong to her, and that this charge is called Grand Theft). She should understand the difference between being accused of committing an offense and being guilty of the offense.
Note: It is not appropriate to discuss resident’s actual charge in the competency education group setting. When this needed, this should be done on an individual, private basis. The group discussion should be for general education, with use of examples and hypothetical situations.
2. APPRECIATION OF POSSIBLE PENALTIES: Here the resident needs to know the options if she is convicted or if she pleads guilty or no contest. Each person’s situation is different because of Florida’s sentencing guidelines, but we can make reasonable estimates of the most severe penalty based on the degree of felony or misdemeanor.
As above, competency education group sessions are not the place to discuss a resident’s actual situation, but are a time for general information exchange.
3. UNDERSTANDING OF LEGAL PROCESS: The resident needs to know the roles and functions of the courtroom personnel, the difference between a trial and a plea bargain, relevant words and terms.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 6 4. CAPACITY TO WORK WITH ATTORNEY/DISCLOSE INFORMATION: Here the focus is on the quality of the resident’s interactions with others and her opinions about her legal representation. Factors such as trust, cooperativeness, motivation, memory, clarity of communication, truthfulness, reality orientation are important.
5. CAPACITY FOR APPROPRIATE BEHAVIOR: The resident should know the standards for behavior in court and some of the terms and penalties for inappropriate behavior there. Attention and concentration are important, as are disruptiveness, talking out of turn, appearance and hygiene.
6. CAPACITY TO TESTIFY RELEVANTLY: The focus is on the ability of the resident to communicate realistically without sidetracking or bringing up odd ideas or loss of emotional control.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 7 Module 4
OVERVIEW OF COMPETENCY TO PROCEED
What does Incompetent to Proceed mean?
It means that your judge committed you for treatment of mental illness in order to help you face your charge more fairly.
After you were charged with your crime, someone in your county noticed that you had mental problems and could not go through with the case. It might have been your lawyer, the jail mental health staff, the correctional officers, or the judge.
Your judge ordered evaluations by psychiatrists or psychologists in your community. Their reports convinced the judge that you needed treatment before continuing with your case.
How can I leave here?
You must pass a competency evaluation and be recommended for return to Court.
What is a competency evaluation?
It is an evaluation done by a psychologist here. It is not a “test” that you take in writing. It consists of a face-to-face interview with the psychologist, but there is more to it than your answers to questions. The psychologist reads your charts and records, and also talks to staff who know you.
The psychologist wants to know if your mental health problems are responding to treatment. The psychologist will observe your behavior and listen to how you communicate. Records will indicate what your day-to-day behavior on the ward and in activities is like. Other staff will give information about whether you are cooperating and trying to improve.
The psychologist will send reports to court with an opinion about whether you are competent to proceed or not. Copies of the reports go to your attorney, the state attorney, the judge, and the clerk of court, who puts them in your case file.
The hospital reports contain information about how well you understand your legal case and your defense options. The reports contain information about how well you make decisions, about whether you make reasonable or unreasonable choices.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 8 The reports tell what your treatment is and whether you are cooperating. The reports describe how well you get along with others, and describe any behavior problems you might be having.
The court uses this information to decide if you are able to think and to talk in a sensible, understandable way. The court decides if you are likely to cooperate with your lawyer and the court process. If so, the judge will order that you be transported back to your county for a hearing on whether you are officially competent to proceed.
When is my competency evaluation?
Your first one will be when you have been at the hospital about 30 days. If you pass this evaluation; you will be on the discharge list. If not, you will be evaluated when you have been here about 90 days.
If you pass then, you will be on the discharge list. If not, you will have an evaluation when you have been here about six months. You will continue having evaluations every six months until you are competent to proceed.
How can I pass?
You must know your charge, what offense you stand accused of committing.
You must know the possible penalties you face if you are found guilty.
You must know how the courts work. You must know what the judge and lawyers do.
You must be showing improvement or stability in your mental illness. Ordinarily this means that you are cooperating with treatment and medication, if it is ordered, and you are having no major behavior problems.
Having good behavior benefits you in two ways. First, it may help you pass your evaluation. Second, since the judge will read about it in the hospital report, good behavior and cooperation may make a good impression on the court.
Try to keep up with the date and with current events. Watch TV and read the paper, or talk to others. Attend activities. Don’t stay in bed or stay on the ward. Part of being mentally healthy is being alert and showing interest in your surroundings. Study your study sheet, and study with other residents who are already on the discharge list.
What do I need to know about court?
CompKit: Instructor’s Manual for Teaching Factual Knowledge 9 Know your charge. Know how much time you could get if convicted. If you don’t know, talk to your psychologist or team leader (your “Q”) to find out.
Tell the truth when asked your version of what happened that led to your arrest. Remember that the court sent papers here describing your charge and the police version of what happened. Your service team has read these papers.
The service team does not know if you are guilty as charged or not guilty. They re not here to judge. They want to hear your side of the story to check your memory and to see if you can communicate clearly to your lawyer. What you tell the psychologist about the crime you are accused of committing will not be written in your report to court.
Know what the judge does. The judge presides over the courtroom. The judge makes sure your case is handled fairly and that the rules of law are obeyed by everyone there. The judge is impartial or neutral, not for you or against you. The judge is there to hear evidence from both sides about the case. The judge can decide whether you are guilty or not guilty. The judge gives a sentence if you are guilty.
Know about the state attorney. This is the word Florida uses for the prosecuting attorney who presents evidence against you to the court. The state attorney wants to prove you guilty.
Know about your lawyer, your attorney. A public defender is an attorney who represents defendants (persons facing a charge) who have no funds. A court-appointed attorney is a private attorney the court may appoint to help a defendant who has no funds. If you have money, you can select and hire a private criminal defense attorney. The job of your attorney is to represent your case in court and to defend you legally against the charge.
Know about the jury, if your case goes to trial. A jury is a panel of 6 or 12 persons from the community who listens to the evidence for you and the evidence against you. They are impartial, or neutral, or unbiased. They decide if you are guilty or not, based on the evidence.
Know about the pleas. You will have to enter a plea. Your lawyer’s job is to help to look at the possible outcomes of each plea, and to help you decide which plea is best in your case.
A plea of not guilty means you are innocent, that you did not do it. If you make this plea, then you will go to trial and the case will be decided based on the evidence and witnesses. Your lawyer’s job is to determine how strong the case is against you, and what your chances would be at trial.
A plea of guilty means you did it. Usually, you make this plea as part of a plea bargain, based on the advice of your attorney. A plea bargain is where you plead guilty for a lesser offense. In return, you receive a lesser penalty, arranged ahead
CompKit: Instructor’s Manual for Teaching Factual Knowledge 10 of time. Most people facing a charge (about nine of every ten people) make a plea bargain. You waive, or give up, certain rights when you plead guilty. You lose the ability to face your accusers in court. You lose the right to appeal.
A plea of no contest, also called nolo contender, means that you are not disputing the charge. Instead, you will accept whatever the court gives you and you will not have a trial. Usually, you enter this plea in some court of plea bargain. By doing this, you give up some rights in exchange for a lighter outcome and a faster conclusion to your case.
A plea of not guilty by reason of insanity means that you are asking the court to hold you not responsible for your crime because you were mentally ill at the time. If you make this plea, you will have mental health evaluations the doctors will testify in court about your mental condition. You will admit to having a mental problem. You would probably be sent to a hospital for a long term treatment, if the court finds you not guilty by reason of insanity. You would have to participate in treatment and cooperate fully before the judge would authorize your release to the community.
You should understand how to behave courteously in court. You can be cited for contempt of court if you are disruptive, if you speak out of turn, or if you lose emotional control. You must pay attention and concentrate on what is going on. Your appearance is important. Tidy clothing and clean, neat grooming will make a positive impression.
You must also speak the truth under oath. Lying in court is called perjury. If you have to testify, it is important to speak clearly without going off track.
How soon do I leave here, once I pass?
Once our report is mailed, you are on the discharge list. Most counties come to pick up their people in 4-6 weeks. Some counties are faster and some are slower. A computer keeps track of you, so you will not be forgotten.
Once I pass the evaluation, can I get incompetent again?
Yes. Even if you have passed, if your mental condition or behavior goes downhill, we will call the court and cancel your discharge.
What happens once I leave here?
You will return to jail. You will be given medication in jail. You may see some doctors again so the judge can have more opinions about whether you are now competent.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 11 You will have a “competency hearing” where the judge reviews the reports and decides if you are competent. This hearing might be very brief, and part of another hearing in your case. Your hearing might come up right away, or you might have to wait in jail awhile. You might be eligible for bail – ask your attorney.
If the judge decides that you are not competent after all, you might be committed to the hospital again. Usually this happens when people stop their medication in jail. If you come back to the hospital, you have to start all over again.
What happens once I leave jail?
That depends on the outcome of your case. If you are found not guilty, or if the charges are dropped, or if you are given time served, you would be free. If you are convicted, you might have more time in jail, or you might begin a prison sentence, or you might begin probation or community control.
On community control or probation, you have certain conditions and rules which you must follow. These might include reporting to your probation officer, not leaving the area, not using alcohol or drugs, staying at a halfway house, reporting to the mental health center, and taking medication. If you break the rules, you are in violation and you may return to court for further action. You could be subject to more strict conditions or you might have to return to the hospital.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 12 Module 5
VOCABULARY LIST FOR COMPETENCY TO PROCEED
ITP/IST Incompetent to Proceed/Incompetent to Stand Trial: You did not understand the rules of the courtroom based on one or more of the following reasons: you did not show you understood how the court works, you did not show good behavior, or you did not show a good emotional condition.
Contempt of Court: Any abnormal courtroom behavior such as crying, yelling, talking out of turn, or cursing. Penalty is ninety (90) days in the county jail.
Perjury: Any willful telling of a lie under oath. Penalty for perjury is five (5) years in prison.
Plea Bargain: When the judge, state’s attorney, and your public defender allow you to plead guilty to a less serious crime and receive a lighter sentence – usually, probation is recommended.
Probation: Sentence is suspended. You get to go free but you are under the supervision of a probation officer and must follow the rules the judge has set up for you to follow.
Parole: When you are sent to prison, you get out of prison early for good behavior through the approval of the parole board. For the specified amount of time, you are under the supervision of a parole officer and must follow the rules that the parole board has set up for you to follow.
Testify: When you testify in court you should answer questions as truthfully as you can. You should be direct and to the point without going into too many details.
Plea: The answer to the charges made against you. There are four (4) different ways to plead. They are guilty, not guilty, no contest, or not guilty by reason of insanity.
Guilty: You did the crime.
Not guilty: You didn’t do the crime.
No Contest: You are not saying you did it or didn’t do it. You are leaving it for the court to decide after hearing your trial.
Not Guilty by Reason of Insanity: You were not aware that you were doing anything wrong at the time of the crime.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 13 Sentence: The sentence is the punishment for being found guilty. If you are found guilty, the judge sentences you. The punishment could be prison, jail, or probation.
Verdict: The verdict is the decision found by a jury (if there is a jury) or by a judge. The verdict is the decision at the end of the trial which states whether they judge a person guilty, not guilty or not guilty by reason of insanity.
Misdemeanor: A less serious crime punishable by jail time.
Felony: A more serious crime.
Bail: Security set up by you in the form of money as a promise or pledge that you will return to court at an agreed time and place. If you do not keep this promise, your bail money will be lost.
Alleged Offense: The crime a person is accused of committing.
Convict: To find someone guilty of the crime they are accused of committing.
Court: The place where the trial takes place.
Crime: A crime is committed when a person breaks the law, even if they do not know about that particular law. It is any omission of the law.
Evidence: Anything that gives proof of a person’s guilt or innocence at a trial. Evidence can be testimony from witnesses, objects such as guns, knives, fingerprints, or written documents.
Incarceration: To be locked up against your will. (prison, jail)
Reality Orientation: You are aware of who you are, where you are and what is currently happening in your environment.
Incompetent: In general, to be unable to take care of yourself and your belongings.
Character Witness: Someone who comes to court to testify about your good character. This is a witness for you.
Arrest: When the police arrest someone, they hold that person. When you are arrested, you must answer to the charges made against you.
Accused (noun): The person that has been charged with a crime.
Trial: The legal proceedings held in the courtroom to decide if a person is guilty, not guilty, or not guilty by reason of insanity.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 14 Judge: The person who presides over the courtroom. He/she keeps order in the court, makes sure both sides are treated fairly, helps the jury understand the rules of the courtroom and how to make decisions, sometimes gives the verdict and always sentences those found guilty.
State Attorney/Prosecutor: This attorney’s job is to find the defendant guilty of the crime that he/she has been accused of committing. Their job is to represent the state in court.
Public Defender: The attorney who represents the accused in court. Their job is to find the best possible verdict for their defendant. It is very important to be able to talk to your public defender and trust their legal advice.
Court Reporter: The person who types every word spoken in a trial, and keeps notes on the legal proceedings.
Jury: A group of people (6 or 12) selected from the community (through the voters registration) to hear a trial. Each person is selected based on their ability to make fair decisions. If there is any evidence otherwise, they are not selected. They are instructed as to how the court system works, how to evaluate evidence, etc. This group of people gives the verdict when present.
Bailiff: A minor officer of a court who guards jurors and has charge of prisoners while they are in the courtroom. He/she will also announce the judge and swear people in to testify.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 15 Module 6
APPRECIATION OF CHARGES
1] I am charged with______
2] What the police say I did is______
3] My charge(s) is a______.
4] For crimes like the ones you are charged with, the maximum penalty or worse sentence an be up to ______.
5] If I admit to the court that I did the crime for which I was arrested, I am pleading______
6] If I don’t admit whether I did or didn’t commit the crime, I am pleading______
7] If I did not admit to the crime for which I am charged, I am pleading______
8] If because I was mentally ill, I committed a crime and I did not know the difference between right and wrong, I will be adjudicated______
9] When I am on probation, I can hang out at a bar and do drugs without getting into trouble. True______False______
10] I can move to another city while on probation, but only if I have the permission of my probation officer. True______False______
11] If I am found NGI, I will not have to be hospitalized for more than 6 weeks? True______False______
12] Pleading NGI is a great way to beat your charges, because no one can do anything to you as far as long lasting consequences. True______False______
CompKit: Instructor’s Manual for Teaching Factual Knowledge 16 Module 7
APPRECIATION OF POSSIBLE PENALTIES
The instructor will remind participants that Florida has sentencing guidelines for the courts to follow. The following information is generally accurate, but each individual’s background and circumstances may influence the decision in her case.
MISDEMEANOR: A criminal offense punishable by imprisonment in a county correctional facility.
First degree misdemeanor: Punishable by confinement not exceeding one year.
Second degree misdemeanor: Punishable by confinement not exceeding sixty days.
FELONY: A criminal offense punishable by imprisonment in a Department of Corrections facility for a term greater than one year, or by death.
Capital felony Punishable by life imprisonment with a mandatory 25 years before eligibility for parole, or by the death penalty
Life felony Punishable by imprisonment for life or for a term not less than 40 years
First degree felony Punishable by imprisonment not exceeding 30 years
Second degree felony Punishable by imprisonment not exceeding 15 years
Third degree felony Punishable by imprisonment not exceeding 5 years
CompKit: Instructor’s Manual for Teaching Factual Knowledge 17 Module 8
UNDERSTANDING THE ADVERSARIAL NATURE OF THE LEGAL PROCESS
OBJECTIVE: To orient the resident regarding the roles of court personnel and their responsibilities in the courtroom.
TECHNIQUE: Lecture, Question/Answer, visual aid, handouts
When you go to court, there are several courtroom personnel who have well-defined responsibilities and roles. The following information will help orient you to who these people are and how their roles impact you.
1. Who can tell me what the Judge does? [group discussion]
The judge acts as a referee. The judge is responsible for keeping order in the courtroom and for ensuring the rules are fairly interpreted. If there is a jury and you are found guilty, the judge decides what punishment to give and if you will get jail or prison time. If there is no jury, the judge decides whether or not you committed the crime and if he/she decides you did, imposes the sentence on you. The judge is neutral, he/she is not for or against you. The judge’s decisions are based on the facts presented.
[Using the courtroom visual aid, ask who can identify where the judge sits and how the judge is dressed. Once identified, ask the resident to place the judge in the appropriate spot on the diagram.]
2. Who can tell me who makes up the Jury and what their job is? [group discussion]
If you have a trial by jury, there will be 6 or 12 citizens from the county where the crime was committed, who are selected by your public defender and the State Attorney and will decide whether or not you are guilty of your charge. The people who make up the jury are ordinary people who are registered to vote and are not supposed to be on your side or the states side. The jury listens to everything that is said in court and then decides whether you are guilty or not guilty. The jury is neutral and is not for you or against you. The jury’s decisions are based on the facts presented.
[Ask who can identify where the jury is seated in the courtroom and place the representative jury in the appropriate spot on the diagram. Visual Aids]
CompKit: Instructor’s Manual for Teaching Factual Knowledge 18 3. Who can tell me what the Public Defender/Defense Attorney does? [group discussion]
The Public Defender/Defense Attorney is you lawyer and his/her job is to show the judge and jury that you are not guilty of the charges against you. Should you be found guilty he/she will try to get you as light a punishment or sentence as possible. Your lawyer will speak for you in court and is the only person who can call you to testify on the witness stand. Before you go to court, your lawyer should talk to you and give you advice about what to do when you are in court.
[Ask who can identify where the public defender is located in the courtroom diagram and place in the appropriate place in the diagram]
4. Who can tell me what the States Attorney does? [group discussion]
The State’s Attorney tries to prove to the judge and jury that you did the crime and if you are found guilty, he tries to see that you are punished and that you get a lot of time. Also, if your public defender has called on you to testify the state’s attorney can then ask you questions. The state’s attorney will try to make you look bad and ask questions to make it seem like your previous testimony was not true. It is important to listen very carefully to the state’s attorney’s questions and be sure you understand what he is asking before you answer.
[Ask who can identify where the state’s attorney is located in the courtroom diagram and place in the appropriate place in the diagram]
5. Who can tell me who can be a witness at your trial? [group discussion]
A witness is any person who has specific information about the crime. They may have seen you do the crime or they may know you did not do it. The police who arrested you may also be witness. Witnesses are required to come to court and tell what they know about the crime. It is important that you know who the witnesses are that can help your case and who the witnesses are that can hurt your case.
[Ask who can identify where the witness will sit when the witness testifies about your case, and place in the appropriate place in the diagram]
CompKit: Instructor’s Manual for Teaching Factual Knowledge 19 6. Who can tell me who the Defendant is in your case? [discussion]
You are the defendant. A defendant is the person who has been charged with the crime. When you are in the courtroom, you should listen carefully to everything that is said, so if something is said you don’t understand you can ask your public defender what it means.
[Ask who can show where the Defendant sits in the courtroom diagram and place in the appropriate place in the diagram]
7. Who can tell me what two sides are represented in the courtroom? [discussion]
The state’s side is represented by the State Attorney and your side is represented by the Public Defender or your private attorney. It is important to remember that once the police have become involved and charges have been filed, the State of Florida is bringing the charges against you, not an individual.
[The courtroom diagram can be utilized to point out the two sides]
CompKit: Instructor’s Manual for Teaching Factual Knowledge 20 Module 9
QUESTIONS ABOUT THE JURY
1. The Jury is selected from:
a. Motor Vehicle Registration b. The County tax collector’s list
2. The Jury consists of a group of______people from the community to hear a trial.
a. 5 to 6 b. 6 or 12 c. Voters Registration list d. The phone book
3. A person cannot be on a Jury if they:
a. make fair decisions b. are biased c. have preconceived notions about the case d. both b and c
4. Juries give the verdict:
a. always b. never c. when they are present d. only on Mondays
5. Who selects the Jury?
a. The State Attorney and Public Defender b. The accused c. The Bailiff d. FSH employees
6. The accused can only be convicted:
a. if the majority of the jury votes “guilty” b. if the majority of the jury and the judge votes “guilty” c. if all of the jurors vote “guilty” d. if the public defender says so
CompKit: Instructor’s Manual for Teaching Factual Knowledge 21 Module 10
ABILITY TO MANFEST APPROPRIATE COURTROOM BEHAVIOR
OBJECTIVE: To ensure each group member understands how to behave in the courtroom.
TECHNIQUES: Lectures, Question/Answer
When you appear in court, it is very important you behave in a calm, respectful manner.
What will happen if you disrupt the courtroom proceedings by being loud, argumentative, demanding, etc.? [Group Discussion]
If you disrupt the courtroom, you can be physically removed from the courtroom which could cause your hearing to be postponed or to proceed without you. In addition, you could be charged with an additional charge.
Who can tell me what the charge is called? [Group Discussion]
You can be charged with Contempt of Court and if found guilty, you could face an additional six months of jail time. Also, it is important to remember if you act out in court it is possible you might be headed back to the hospital as Incompetent to Proceed, since to be considered competent you must be able to control your behavior in the courtroom.
Who can tell me how you should dress to go to court? [Group Discussion]
Fair, or not fair, first appearances are important. So, if you appear in court dirty, poorly groomed, and dressed in old ragged clothing, you won’t make a good impression. Therefore, it is important when you appear in court to be clean, have your hair combed, your beard shaved or groomed, and wear your best clothes. You may even want to wear a tie and jacket, if you have one.
It is important to remember you cannot speak out in court, even if you hear something you do not agree with or you think is unfair.
Who can tell me what you should do in court if someone says something that is not true? [Group Discussion]
You should whisper quietly to your attorney or write a note.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 22 Who can tell me when it is O.K. for you to speak in court? [Group Discussion]
You may speak in court if you have been called to testify by your attorney and your attorney and the State Attorney are asking questions or if the Judge ask you a question. Remember, your attorney is your spokesperson and he is representing your interests.
Many of you in this group are taking medication to help manage the symptoms of your illness. We strongly recommend that when you return to jail after being found competent to proceed by your Unit’s discharge Review Board or your MDT, that you continue to take your medication while you are in jail. Jail is stressful and the #1 reason men get recommitted after leaving here is because they stopped taking their medication.
How many members of the group are taking medication? [Group Discussion]
Who knows the name and dosage of the medication you are taking? [Group Discussion[
It is very important you know the name of your medication(s), the dosage and the number of times you are supposed to take it each day. This way you know you are getting the correct medication and right amount. If you need to ask for it, you will know what to ask for.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 23 BEHAVIOR CHECK-UP
How is my behavior on the ward? ______
Am I easily agitated? ______
How is my attitude toward the Treatment Team? ______
Will the stress of the courtroom make my behavior worsen? ______
Am I cooperating with the Treatment Team, or am I fighting them? ______
How is my attitude toward the judicial system? ______
Do I think the judicial system is out to get me? ______
What will I do if someone lies about me in court? ______
What will I do if I begin to hallucinate in court? ______
What will I do if I get angry in court? ______
Will I keep from cursing in the courtroom? ______
Will I keep myself behaving in a way to keep from being held in contempt of court? ______
Am I taking my medication responsibly? ______
Am I involved in activities while at FSH? ______
Am I studying the rules of the courtroom to help me pass the competency test? ______
Do I try to have a positive attitude about rehabilitating myself? ______
CompKit: Instructor’s Manual for Teaching Factual Knowledge 24 BEHAVIORAL CHECKLIST
Date: ______Resident Name: ______
Please circle Y for ‘yes’ or N for ‘no’
Cooperates with staff most of the time Y N
Expresses needs/concerns appropriately Y N
Attends groups/activities on a fairly regular basis Y N
Usually takes medications willingly when administered Y N
Interacts with others and demonstrates appropriate social skills Y N
Calls family members/friends Y N
Speaks to his attorney on the phone Y N
Is aware of current funds/balance Y N
Remembers canteen day and time Y N
Able to discuss current events Y N
Plays cards/games with staff and/or other residents Y N
Plays chess with staff and/or other residents Y N
Exhibits disruptive/problematic behaviors toward staff Y N
Has conflicts with other residents Y N
Prone to fight and become aggressive on the pod/ward Y N
Talks to himself as if hearing/responding to voices Y N
Voices bizarre thoughts or has unusual behaviors Y N
Participates in group and correctly answers questions about court Y N
CompKit: Instructor’s Manual for Teaching Factual Knowledge 25 Module 11
COMPETENCY EDUCATION REVIEW
1. What is a trial?
A trial takes place in court. A trial is where it is decided if you are not guilty, guilty, or not guilty by reason of insanity of the charge.
2. Who represents you and defends you in court?
My lawyer. Another word for lawyer is attorney.
If I cannot afford to hire a private attorney, I will be represented in court by a public defender or a private lawyer appointed by the court at no cost.
3. What is the job of your lawyer?
He or she defends me against the charge (tries to get me off).
4. Who is against you in court?
The prosecutor (in Florida, called the state attorney) is against me.
5. What is the job of the state attorney?
He or she tries to prove me guilty of the charges, to convict me, to get me time.
6. What does the judge do?
The judge presides over the court. The judge keeps order and makes sure rules of law are obeyed. If there in no jury, the judge decides if I am guilty or not guilty. If I am guilty, the judge gives the sentence.
7. Which side is the judge on?
The judge is not on either side (neutral, impartial). The judge listens to evidence from both sides (my defense side, and the prosecution side against me).
CompKit: Instructor’s Manual for Teaching Factual Knowledge 26 8. What are the pleas?
Guilty I did it as charged Not Guilty I did not do it—I am innocent No Contest I will not admit guilt, but I will not fight the charge. I’ll leave it up to the court Not Guilty By Reason Of Insanity I was not responsible for what I did because I was mentally ill at the time
9. What is plea bargaining?
You can make a plea bargain instead of going to trial. Your lawyer helps you set up a plea bargain and advises you if it is a good deal. You plead guilty or no contest to a less serious charge. In return, you get less time or a lesser penalty.
10. What is evidence?
Evidence is facts or witnesses or material things which help prove that I did the crime or that I was innocent of the crime.
11. How do you defend a plea of not guilty?
I must have evidence or proof that I did not do the crime.
12. What is the jury? What do they do?
A jury is 6 or 12 people from the community who are chosen for jury duty.
13. What happens if you are found guilty?
I could be sentenced to prison, jail, or to probation. The choice is based on my charge and on my background.
14. What happens if you are found not guilty by reason of insanity?
I would probably be committed to a hospital for treatment of mental illness.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 27 Module 12
REVIEW OF ESSENTIAL VOCABULARY FOR DEFENDANTS
Vocabulary Words Acceptable Client Definitions
1) Court a. Where trial is held b. Where you go to see if you are found guilty or not c. Where the judge and everybody meets to decide if you are innocent or guilty
2) Not Guilty/Innocent a. You did not do the crime b. our charges are gone c. You will be free because you didn’t do anything wrong
3) Trial a. Meeting to see if you are guilty of crime (charge) b. Meeting with judge and Jury to decide if you are guilty or not c. Meeting with lawyer, Judge, Jury, witnesses to try to prove you are innocent
4) Accuse a. Blame b. Charge someone c. To say somebody did something wrong (bad)
5) Competent a. Able to understand court procedure b. You understand about laws, trial, and how to help yourself c. You know your rights and how to help your lawyer defend you
6) Defend a. Help someone b. Protect someone c. Your lawyer helps you get out of trouble
7) Jury a. 12 people who listen to testimony (evidence) decide if you are guilty or not b. A number of people picked to listen and decide if you are innocent or guilty c. People who are not for you or against you; they just decide if you are guilty or not, 6 or 12 people
CompKit: Instructor’s Manual for Teaching Factual Knowledge 28 8) Misdemeanor a. Small crime b. Not too serious crime c. You got a charge but it is not too bad like rape or murder
9) Police (Sheriff) a. Person who enforces laws and arrests people b. Officers of the law who can arrest you when you break the law c. People who keep the law and arrest you if you do bad things
10) Witness a. Tells what he knows about the case b. Person who testifies against your or for you c. Someone called to tell what they know about the crime
11) Testimony a. What witnesses say about the case (crime) b. What a person tells when he is on the stand under oath c. Telling in court what you know about the case (charges)
12) Bailiff a. Keeps order in the court, calls people up and swears them in b. Makes sure people follow the rules in the court and behave
13) Competency Hearing a. Meeting with Judge, lawyers, and doctors to see if you know enough to help with your defense b. Meeting to see if you are able or understand enough to have a trial
14) Defendant a. Person accused of committing a crime b. Person blamed with a crime c. Person charged with a crime
15) Sentence Reduction a. Cutting down the time you have to pull (serve) b. The judge cuts the length of your prison time
16) Cross-Examination a. Other lawyer (prosecutor) asks you questions b. The lawyer who is against you asks questions to you
CompKit: Instructor’s Manual for Teaching Factual Knowledge 29 17) Appeal a. Ask for a new trial, may not get it b. Ask for another trial c. Your lawyer tries to help you get another trial
18) Community a. Where people live b. Place like your neighborhood where people live
19) Court Reporter a. Types everything said in trial b. Takes down everything that happens during court (trial)
20) Probation a. Not go to jail but do time at home b. Stay at home but report to officer and do what he tells you
21) Not Competent a. Not able to understand about laws and court b. Not able to help your lawyer or understand what to do
22) Lawyer a. Person trained in law, lawyer for each side, for you and against you b. Your lawyer or P.D. helps you, other lawyer (prosecutor) tries to prove you did the crime
23) Judge a. Listens to the case, tells jury about law and sentences you if you are guilty b. He’s not for you or against you, he listens and makes sure things go right. He can sentence you if you are guilty
24) Guilty a. Jury says you did the crime b. Person committed the crime
25) Fine a. When you have to pay money to get out of trouble b. Money to pay as punishment for breaking the law
26) Laws a. Rules we all have to go by b. Written rules to protect us and tell us how to act
27) Felony a. Big charge b. Serious charge like rape, murder c. Big crime with a long sentence
CompKit: Instructor’s Manual for Teaching Factual Knowledge 30 28) Crime a. Breaking the law b. When you do something against the law c. Murder, rape, grand theft, burglary, like that
29) Prosecutor a. Lawyer for the other side b. Person trying to convict you c. Lawyer trying to prove you did it
30) Rights a. Right to remain silent, right to have a lawyer, right to make a phone call b. Laws to protect us and keep it fair
31) Evidence a. Things taken at the scene of a crime to show what happened b. Things they have, like your fingerprints, a gun or knife to say you did it
32) Sentence a. After found guilty the judge decides punishment b. If the jury says you are guilty, the judge can give you prison time, fine, or probation
33) Warrant a. A piece of paper signed by the judge giving the police the right to arrest you or search you b. A search warrant and an arrest warrant, piece of paper police
34) Verdict a. Decision by the jury of guilty or innocent b. What the jury decides, if they think you are guilty or not
35) Work Release a. In jail but put out to work b. Leave jail to work during the day
36) Perjury a. Lying in court b. Not telling the truth under oath
Notes to Instructor: These identified vocabulary words are also used as a part of the pre and post-tests done by the competency teacher during the course of instruction. Obviously there are other client acceptable definitions, assessing of a client’s understanding of these terms is still highly subjective.
This terminology along with courtroom procedures is taught throughout the major areas of the course content and repeated often as is needed when working with the mentally retarded.
CompKit: Instructor’s Manual for Teaching Factual Knowledge 31 Module 13
COMPETENCY SCREENING TEST
1. When a lawyer shows the jury things which are taken from the scene of the crime, she/he is showing: a) evidence b) testimony
2. If you did not do anything wrong, you are: a) innocent b) guilty
3. When you tell what you know about the crime, you are: a) testifying b) prosecuting
4. When you can go home after being in prison for a while, you will be on: a) parole b) trial
5. The person who sits in front of the court and makes decisions about what will happen during the trial is the: a) jury b) judge
6. When you are guilty of doing something wrong but you can go home and not to jail, this is called: a) perjury b) probation
7. The person who is accused of committing a crime is the: a) defendant b) complainant
8. Prison is: a) a place where people go when that are found guilty b) a place where you go when you are first arrested for crime
9. The person who tells what he/she knows about a crime is the: a) witness b) lawyer
CompKit: Instructor’s Manual for Teaching Factual Knowledge 32 10. The people who hear what happened and make a decision about whether the person is guilty or not are the: a) judge b) jury
11. Incarceration is: a) putting someone in prison b) telling a person he can go home
12. The person in court who tries to prove you did something wrong is the : a) state’s attorney b) bailiff
13. When you are convicted, you are found: a) innocent b) guilty
14. An oath is: a) the place where the witnesses b) promising to “tell the truth, the whole truth and nothing but the truth”
15. A postponement is: a) holding the court date off for a while b) what they show in court to prove you are guilty
16. A felony is: a) breaking a law that isn’t very serious b) breaking a major law
17. When you lawyer asks you questions about the crime, you should: a) refuse to answer him/her b) answer his/her questions
18. A verdict is: a) a decision that the jury makes b) the length of time you must go to jail
19. If you are blamed for breaking a law, you should: a) get a lawyer b) get angry
20. When your lawyer asks you to tell what you know to the court, this time is called: a) incarceration b) direct examination
CompKit: Instructor’s Manual for Teaching Factual Knowledge 33 21. If you are given a subpoena, you: a) must go to court b) will be sent to jail
22. Cross examination is the time when: a) the other lawyer asks you questions b) your lawyer asks you questions
23. When you are in the courtroom, you should: a) let everyone know what you think about what he or she is saying b) sit quietly or talk in a soft voice to your lawyer
24. The place where people go to hear about a crime is called the: a) trial b) court
25. When you do not agree with your lawyer, you should: a) not say anything b) tell him what really happened
26. Penalties are: a) money you pay to your lawyer b) punishment for doing something wrong
27. A sentence is: a) the amount of time that you must be punished b) the way that a lawyer talks
28. When someone lies to the judge, you should: a) call him or her a liar b) tell your lawyer the truth
29. If you are arrested for a crime, you should talk: a) only to your lawyer about the crime b) to everyone about the crime
30. The place where you sit and tell what you know about the crime is: a) a witness stand b) a jail
31. A witness stand is: a) the place where you sit and tell what you know about the crime b) the way you stand in front of a jury
CompKit: Instructor’s Manual for Teaching Factual Knowledge 34 32. If the jury decides you are guilty, your punishment will: a) be life in prison b) depend on what you did wrong
33. If the jury says you are innocent, the judge will: a) tell you to pay $500 b) let you go free
CompKit: Instructor’s Manual for Teaching Factual Knowledge 35