According to a CNN report, Dylann Roofhas been ruled as competent to stand trial. Roof faces multiple counts including 9 murder charges in the Charleston church shooting. The accused, Dylann Roof, also faces the death penalty.  [Read more about the story here
Darren Kavinoky, founding attorney of 1.800.NoCuffs, explains the ruling in the Dylann Roof case. “This is a legal ruling that demonstrates the difference between competency to stand trial and a criminal defendant pleading not guilty by reason of insanity. The criminal defense plea of not guilty by reason of insanity relates to someone’s mental condition at the time of the crime. Insanity means that because of a mental disease, defect, or condition the accused doesn’t appreciate the wrongfulness of his or her actions.”
Dylann Roof Competency To Stand Trial
Kavinoky adds, “ Competency to stand trialis a totally different concept. That focuses on the defendant’s mental state at the time of the legal proceedings against them. It has nothing to do with the person’s mental state at the time of the crime. The issue is whether or not the individual is able to understand the nature of the proceedings and assist in his or her defense. If the accused is unable to help their criminal defense lawyer in the necessary preparation for and participation in the trial, they may be incompetent deemed incompetent, and the trial will be continued until competency is restored.”
Finally, explains criminal defense attorney Darren Kavinoky, “Had the judge ruled the accused here incompetent, it would not have been a ‘get out of jail free card.’ It would have merely delayed matters until the defendant was able to assist his criminal defense lawyer.”
1. Keith O’Shea and Catherine E. Shoichet. November 25, 2016. CNN. “Dylann Roof competent to stand trial, judge rules.” Retrieved via http://www.cnn.com/2016/11/25/us/dylann-roof-competent/index.html .
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