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Research ArticleRegular Articles

A Proposed Model for Assessing Defendant Competence to Self-Represent

Mitzi M. S. White and Thomas G. Gutheil
Journal of the American Academy of Psychiatry and the Law Online December 2016, 44 (4) 425-436;
Mitzi M. S. White
Dr. White is a Lecturer, Program in Psychiatry and the Law, Department of Psychiatry, Harvard Medical School, Beth Israel Deaconess Medical Center, Boston, MA. Dr. Gutheil is a Professor of Psychiatry, Department of Psychiatry, Beth Israel-Deaconess Medical Center, Harvard Medical School and Cofounder, Program in Psychiatry and the Law, Massachusetts Mental Health Center, Boston, MA.
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Thomas G. Gutheil
Dr. White is a Lecturer, Program in Psychiatry and the Law, Department of Psychiatry, Harvard Medical School, Beth Israel Deaconess Medical Center, Boston, MA. Dr. Gutheil is a Professor of Psychiatry, Department of Psychiatry, Beth Israel-Deaconess Medical Center, Harvard Medical School and Cofounder, Program in Psychiatry and the Law, Massachusetts Mental Health Center, Boston, MA.
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    Table 1

    Functional Legal Competencies Needed to Self-Represent

    Master Basics of Criminal Procedure and Evidence
        Comprehend and adhere to the rules of criminal procedure
        Comprehend, apply and execute the rules of evidence
            Learn scripts for entering exhibits into evidence.
            Learn available exclusionary challenges to prosecution evidence.
    Pre-Trial Preparation
        Investigate and Compile Relevant Facts
            Interview witnesses.
            Collect documents that bear on the circumstances of the case.
        Develop a Theory of the Case
            Analyze and identify evidence in support of and against the charges.
            Identify plausible legal defenses to the charges.
        Prepare Motions
            Identify motions that need to be filed to protect constitutional and procedural rights.
            Develop arguments in support of motions.
            Research and cite relevant law and cases in support of arguments.
            Write memos to present arguments in support of motions.
            Prepare and submit motions to the court in accord with procedural requirements.
        Prepare for Direct Examinations
            Identify witnesses to call to support defense and prepare subpoenas.
            Prepare direct examination questions for each witness.
            Decide on evidence to be admitted in support of testimony.
        Decide on Jury Strategy
            Decide on type of jurors who will be favorable to case.
            Prepare voir dire questions.
    Trial Tasks
        Select Jurors
            Review jury questionnaires and identify jurors to challenge.
            Conduct voir dire and exercise preemptory challenges.
        Deliver Opening Statement
        Conduct Direct Examinations of Witnesses and Experts
            Follow pre-prepared script and keep witnesses on point.
            Respond to prosecutor's objections to direct questions.
            Enter supporting materials into evidence.
        Conduct Cross Examinations of Prosecution Witnesses
            Listen to the testimony of prosecution witnesses.
            Object to violations of the rules of evidence.
            Develop cross examination strategies based on witness testimony, supporting materials entered into evidence and materials collected during discovery.
        Deliver Closing Argument
            Review and analyze evidence presented by prosecution.
            Identify points of rebuttal based on evidence presented during trial.
            Create coherent story in support of innocence of charges.
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Journal of the American Academy of Psychiatry and the Law Online: 44 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 44, Issue 4
1 Dec 2016
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A Proposed Model for Assessing Defendant Competence to Self-Represent
Mitzi M. S. White, Thomas G. Gutheil
Journal of the American Academy of Psychiatry and the Law Online Dec 2016, 44 (4) 425-436;

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A Proposed Model for Assessing Defendant Competence to Self-Represent
Mitzi M. S. White, Thomas G. Gutheil
Journal of the American Academy of Psychiatry and the Law Online Dec 2016, 44 (4) 425-436;
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  • Article
    • Abstract
    • The Burgeoning Challenge
    • The Conflict Between Self-Representation and the Right to a Fair Trial
    • Functional Legal Ability Versus Passive Understanding
    • Key Elements of Functional Legal Ability
    • A Five-Part Mental Competency Model
    • Conclusion
    • Acknowledgment
    • Footnotes
    • References
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