Pate v. Robinson (Supreme Court, 1966): The Supreme Court determined the issues of competency can be raised at ANY point during criminal proceedings. In addition, the Court had an obligation to raise the question of competency after discovering evidence that would raise a “Bona fide doubt” regarding the defendant’s competence, regardless of whether the defense has raised the issue of competency or requested a competency evaluation. The court determined it would be a deprivation of due process to convict a defendant if they were, in fact, incompetent to stand trial; failure to opine competence if a doubt is raised is a failure to protect the defendant’s rights.
Forensic & Psychological Assessments