competency

In the law of evidence, the presence of those characteristics, or the absence of those disabilities, which render a witness legally fit and qualified to give testimony in a court of justice; applied, in the same sense, to documents or other written evidence. Evidence which is admissible as being able to assist the trier of fact (i.e. jury) in determining questions of fact, though it may not be believed.

Competency differs from credibility.

The former is a question which arises before considering the evidence given by the witness; the latter concerns the degree of credit to be given to his testimony. The former denotes the personal qualification of the witness; the latter his veracity. A witness may be competent, and yet give incredible testimony; he may be incompetent, and yet his evidence, if received, be perfectly credible. Competency is for the court; credibility for the jury. Yet in some cases the term "credible" is used as an equivalent for "competent".

In law of contracts, of legal age without mental disability or incapacity.

See also ability

- authority

- capacity

- competent

- competent evidence

- competent witness

- duly qualified

- incompetency

- power

- qualified

@ competency proceedings

Hearings conducted to determine a person's mental capacity. Such may be held within criminal context to determine competency to stand trial, or to be sentenced, or to determine whether at time of offense the accused was legally sane.

See e.g. 18 U.S.C.A. No.No. 4241 et seq.

Such may also be held in civil context to determine whether person should be committed for treatment

@ competency to stand trial

A person lacks competency to stand trial if he or she lacks capacity to understand the nature and object of the proceedings, to consult with counsel, and to assist in preparing his or her defense. Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103.

To be "competent to stand trial" a defendant must have, at time of trial, sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings against him or her. U.S. v. Taylor, C.A.Va., 437 F.2d 371, 375.

Due process prohibits the government from prosecuting a defendant who is legally incompetent to stand trial. Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103; Pate v. Robinson, 383 U.S. 375, 385, 86 S.Ct. 836, 15 L.Ed.2d 815.

The issue of competency is collateral to the issue of guilt. Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824.

See insanity; competent

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