FLORIDA STATE HOSPITAL CompKit

Transcription

1 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources A Comprehensive Approach to Competency Restoration Training for Criminal Defendants August 2011 Revision

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3 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Instructor: COMPONENTS 1. Introduction to the CompKit Competency Recovery System 2. Access and Updates to CompKit 3. Acknowledgements 4. Considerations for Competency Instructors 5. Instructor s Manual for Teaching Factual Knowledge 6. Instructors Manual for Teaching Rational Understanding and Decision Making Defendant: 1. Competency to Proceed Fast Facts Brochure Abilite pou Ponprann Byen Vit Enfomasyon ki lan Brochi (Haitian Creole) Capacidad a Proceder Folleto Rápido de los Hechos (Spanish) Kartida Dacwad u istaagidda, Xaqiiqooyin Dhaqso ah (Somali) 2. Consumer s Pocket Guide to Competency Folleto de Capacidad de Proceder (Spanish) 3. Consumer s Competency Classroom Workbook 4. Sentences 5. Plea Bargains 6. Staying Free Resources: 1. Florida Offense Severity Ranking Chart 2. Understanding Trial Competency DVD 3. Trial Competency Education Resources CD Compiled by the Florida State Hospital Strategic Plan Workgroup for Trial Competency Education. These documents are based upon the creative enterprise of individuals and programs across the nation. CompKit: Components of the CompKit Competency Recovery System October 2010 Page 1

4 CompKit: Components of the CompKit Competency Recovery System October 2010 Page 2

5 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Introduction to the CompKit Competency Recovery System Competency restoration is a major concern to forensic hospitals, jails, and courts. More rapid restoration has implications for reducing crowding in jails, decreasing costs, and facilitating timely legal determinations for defendants with mental illness. Psychotropic medications and competency training are the principal treatments used for competency recovery in the United States. CompKit is designed to address the needs for materials and methods to provide effective competency training. Florida State Hospital assembled CompKit from a combination of locally developed materials and documents developed across the nation. The CompKit package includes the printed document, one compact disk (CD) containing the instructional materials, and one digital video disk (DVD) containing movies. The movies include one mock hearing, one mock trial, and competency recovery training presented as a television game show. CompKit was introduced outside Florida State Hospital at the 2007 meeting of the Forensic Division of the National Association of State Mental Health Program Directors in San Antonio, Texas. Since then, CompKit has found a place in competency restoration toolkits across the United States. Description of CompKit Crucial issues in competency training of legal concepts are to translate and simplify legal jargon and to present material at a reading level suitable for the learner. CompKit is constructed to facilitate individualized and group instruction at a variety of learner levels. Instructional materials discuss the different learning needs of different populations. To increase the motivation of learners, the instructional materials include games, a movie, and other activities designed to increase participation. Instructional design discussions highlight learning styles, cultural considerations, and educational achievement levels. Teaching approaches are discussed for different types of learners: advanced, delusional/irrational, low functioning, psychotic/confused, and disruptive. The materials provided include those for the instructor, the student, and other resource materials: CompKit: Introduction to the CompKit Competency Recovery System August 2011 Page 1

6 Instructor Materials The information in these sections can be use for lesson planning, classroom instruction, and student activities. Acknowledgements - Identifies and credits the contributions of the authors of these materials. General Considerations for Instructors Discusses individual differences in learning styles, cultural background, and levels of educational achievement. Instructor s Manual for Teaching Factual Knowledge - Provides thirteen teaching modules. The manual includes checklists, vocabulary list, and screening test. Instructor s Manual for Teaching Rational Understanding and Decision making Two mock trial transcripts are furnished with assorted vignettes. In addition, a group study guide is included. Student Materials These documents are designed to be provided directly to students for their use. Updated one-page brochures for defendants containing the same text are available from Florida State Hospital. Competency to Proceed Fast Facts Brochure Fast Facts is designed to be a portable and streamlined reference to competency information that learners can review at their own pace. Capacidad a Proceder Folleto Rápido de los Hechos This is the Spanish translation of the Competency to Proceed Fast Facts Brochure. Abilite pou Konprann Byen Vit Enfomasyon ki Lan Brochi This is the Competency to Proceed Fast Facts Brochure translated into Haitian Creole. Consumer s Pocket Guide to Competency The Pocket Guide is a workbook that teaches competency skills through text, quizzes, and a word game. Consumer s Competency Classroom Workbook This workbook is a classroom training resource providing comprehensive training for competency issues. It has self-tests and allows the learner to fill in answers. Sentences Outlines determinants of sentence length, tells why some people get longer sentences than others, and describes sentencing guidelines. Plea Bargains Describes the defendant s role in the plea bargain process. A tri-fold brochure for defendants containing the same text is included as an insert. Staying Free Provides guidance on probation and how adjustments to lifestyle can help a person live happier and stay out of jail. CompKit: Introduction to the CompKit Competency Recovery System August 2011 Page 2

7 Other Resources Offense Severity Index The Florida Offense Severity Ranking Chart lists felony offenses and categorizes them by level of severity. It should be replaced annually after legislative and statutory changes are finalized. This chart provides information only for the State of Florida, and may not be applicable to other jurisdictions. Understanding Trial Competency DVD The DVD includes a video introduction to the CompKit, movies showing a mock hearing and a mock trial, and a television style quiz program in which the moderator asks a contestant questions about competency. Trial Competency Education Resources CD This CD includes all the educational materials described. Development of CompKit Florida State Hospital has a long history of research and development in forensic assessment and treatment. As part of the hospital s continuing efforts to reduce length of stay, hospital psychologists rated medication compliance, motivation, recidivism, substance abuse, signs and symptoms of mental illness, seriousness of the alleged crime, and elements of competency for each competency evaluation for 331 persons committed to Florida State Hospital as incompetent to proceed (stand trial) over a six month period. Analyzing the data from the study yielded a model that correctly predicted 78% of the competency determination outcomes. Medication compliance and motivation to regain competency were crucial prerequisites to competency attainment, while cognitive impairment, illogical thinking, and delusions concerning the legal system and the administration of justice decreased the likelihood of person being recommended to the committing court as competent. Subsequent to this study, CompKit was compiled from new resources developed at Florida State Hospital and from existing documentation adapted from national and Florida State Hospital sources. Two core elements developed by Florida State Hospital staff, the Instructor s Manual for Teaching Factual Knowledge and the Instructors Manual for Teaching Rational Understanding and Decision Making, entered use in 2003 and were revised in The Consumer s Competency Classroom Workbook was adapted in 2003 from original materials developed by Colorado Mental Health Institute. Video training materials were developed for CompKit to help address divergent learning styles and enhance motivation, and Fast Facts was designed for use in a variety of instructional and individual settings. CompKit entered hospital-wide use in 2006 and has been revised and updated every subsequent year. Further adjustments to the CompKit package are in anticipated, and several new features are in development. Many professionals at Florida State Hospital and at other agencies contributed to CompKit. CompKit was created as part of a Florida State Hospital strategic plan to make competency recovery faster and more thorough. The hospital created a team to CompKit: Introduction to the CompKit Competency Recovery System August 2011 Page 3

8 coordinate development of CompKit. The team was initially comprised of: Steve Lacy, Operations Review Specialist; Wayne Anderson, Ph.D., Senior Psychologist; Ellen R. Resch, Ph.D., Director of Psychology Training, Dialectical Behavior Therapy, and Substance Abuse Services; and Lawrence V. Annis, Ph.D., Psychological Services Director. Florida State Hospital Florida State Hospital is Florida's largest and oldest residential mental health facility. Operated by the Florida Department of Children and Families, the hospital has served individuals with mental disorders since The hospital s 469-bed Forensic Service evaluates and treats more than one thousand men and women under forensic commitment per year. Other persons under commitment as incompetent to proceed or not guilty by reason of insanity reside in the hospital s 232-bed Civil Transition program, and in the 161-bed Specialty Care program. CompKit: Introduction to the CompKit Competency Recovery System August 2011 Page 4

9 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Access and Updates to CompKit Access CompKit users are reminded of our collective responsibility to use and disseminate CompKit materials and other competency to stand trial resources responsibly. When considering sharing documents from CompKit, users are asked to be sensitive regarding possible misuse by potential malingerers. Updates CompKit is regularly revised and updated with new materials. Updates to CompKit are available on request. Contact Florida State Hospital welcomes feedback concerning CompKit structure, contents and implementation. We are constantly considering how to improve the competency to stand trial recovery process. You are invited to share your comments, observations and suggestions regarding problems you encounter with CompKit, how to make it more useful, and aspects of CompKit that you believe are especially useful. The Florida State Hospital contact for CompKit is: Trina Christner-Renfroe, Psy.D. Psychological Services Director Florida State Hospital P.O. Box 1000 Chattahoochee, FL Phone: (850) To receive announcements of CompKit updates, please send your address and agency name to the Florida State Hospital contact for CompKit: Want to learn more about Florida State Hospital? Visit us at our website: CompKit: Updates to the CompKit Competency Recovery System August 2011 Page 1

10 CompKit: Updates to the CompKit Competency Recovery System August 2011 Page 2

11 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources ACKNOWLEDGEMENTS CompKit is a compilation of competency to proceed training materials from other persons and programs and original materials developed at Florida State Hospital. We gratefully acknowledge the persons and institutions whose materials were used as resources. The roster below of content providers is not inclusive: Wayne Anderson, Ph.D., Florida State Hospital Larry Annis, Ph.D., Florida State Hospital Kim Barnes, Florida State Hospital Joe Blanton, Florida State Hospital Martin Bohn, Ph.D., Florida State Hospital Shelly Brown, Florida State Hospital Robert Chitwood, Ph.D., Florida State Hospital Pete Whiddon, Florida State Hospital Trina Christner-Renfroe, Psy.D., Florida State Hospital Colorado Mental Health Institute Joe D'Agostino, Ph.D., Florida State Hospital Leslie Dellenbarger, Psy.D. Florida State Hospital Quinton Finuff, Florida State Hospital Florida Department of Children and Families Mental Health Central Office Florida Developmental Disabilities Council Florida State Hospital Educational Services Bob Gibson, North Florida Evaluation and Treatment Center Doris Green, Florida State Hospital David Gustafson, Florida State Hospital William Himadi, Ph.D., Florida State Hospital Glee Hollander, Ph.D., Florida State Hospital Karen Johnson, Ph.D., Florida State Hospital Kathi Kilpatrick, J.D., Florida State Hospital Roberet Kline, Psy.D., Florida State Hospital Steve Lacy, Florida State Hospital Steve LaRowe, Ph.D., Florida State Hospital Troy Martinez, Psy.D., North Texas State Hospital-Vernon Mike McCormick, J.D., Florida State Hospital Anthony D. McCoy, Ph.D. Florida Department of Children and Families North Florida Evaluation and Treatment Center Peter Oropeza, Psy.D., North Texas State Hospital-Vernon Judge Stewart Parsons, Gadsden County, Florida Gholam R. Pezeshkian, M.D., Florida State Hospital Tom Rankin, Florida State Hospital CompKit Acknowledgements October 2010 Page 1

12 Angela Register, Ph.D., Florida State Hospital Ellen Resch, Ph.D., Florida State Hospital Jeanine Revell, Florida State Hospital Linda Scott, Florida State Hospital Jacqueline Smith, J.D., Florida State Hospital Alan Steed, Ph.D., Florida State Hospital Richard Taylor, Florida State Hospital Bradley Tolstedt, Ph.D., Florida State Hospital Monica Watkins-Clay, Ph.D., Florida State Hospital Glen Watson, Ph.D. Florida State Hospital Lynne Wesby, Psy.D., Florida State Hospital Lori Yates, LMSW, RDT, North Texas State Hospital-Vernon Jacqueline Young, Florida State Hospital Tamara Young, Ph.D., Florida State Hospital Jim Warren, Florida State Hospital Michi H. Wong, Ph.D., Hawaii Forensic Mental Health Services Jane Wynn, Florida State Hospital CompKit Acknowledgements October 2010 Page 2

13 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources CONSIDERATIONS FOR COMPETENCY INSTRUCTORS Several general considerations should be a part of planning competency restoration education activities. These considerations include recognition of individual differences in learning styles, cultural background, and levels of educational achievement. Addressing Individual Learning needs in Group Instruction Defendant Readiness for Instruction: Sufficient emotional stability, behavioral stability, and cognitive ability are necessary for defendants to benefit from competency instruction. Learning Styles: Different individuals learn best in different modalities. For example, some individuals learn best by visual means. Others may learn best if they hear or read the information. It is important to present material in a variety of teaching modalities or mediums to be sure that each student benefits. For example, teachers should offer written material, present material by auditory means, and present it visually. Cultural Considerations: Different students also have different backgrounds. Cultural differences and backgrounds play a part in determining how a person might best learn new material. Teachers should be aware of differing cultural backgrounds in the student group and make training activities relevant and available to residents of different geographic and cultural backgrounds. Educational Achievement Level: Florida State Hospital residents vary widely in the level of formal education that they have achieved. Some residents have graduate school experience and some barely attended school at all. For this reason, teachers should be aware of the diversity of education levels likely to be in their student population and take measures to accommodate a wide range of achievement levels. Acknowledging the above considerations, the Florida State Hospital CompKit provides information resources for competency instructors to incorporate into their lesson plans and group activities. These resources encourage instructors to present materials in a variety of formats and at a variety of levels of sophistication. The CompKit contains the basic information to be presented in all competency restoration activities provided to Florida State Hospital residents. CompKit: Considerations for Instructors October 2010 Page 1

14 Instructional Strategies with CompKit Duration of instruction. The time frame for instruction using CompKit is based on the individual defendant s learning capacity and the program s learning conditions. Our experience at Florida State Hospital is that it takes roughly 20 group sessions to go through CompKit with defendants who have not previously been exposed to the materials. Instruction is normally four days or five days per week. Defendants who are motivated, intelligent, and not beset with major psychotic symptoms may complete CompKit in as few as eight sessions. Defendants who are less motivated and have fewer personal and emotional resources might take more sessions, sometimes considerably more. Sequence of Instruction. We have found it helpful to go through CompKit from beginning to end. Our experience is that learner handouts, workbooks, and video instruction are more effective when integrated into an instructor-led class than when the student receives the materials without guidance and instruction. Teaching Specific Areas. Situations arise, especially in jail and outpatient settings, in which it is not necessary to teach the entire competency package. In these situations, the competency teacher may wish to select specific CompKit components to use in addressing specific defendant needs in just a few lessons or even a single lesson. If a defendant presents deficits in general education and a general overview is all that s required, the teacher might consider instruction focusing on the Fast Facts brochure. If a case is likely to conclude with a plea bargain and the defendant s main barrier is not knowing how to plea bargain, the competency teacher might use just the Plea Bargain brochure and the Sentencing brochure to help structure a lesson. Maintenance. Following initial instruction, many defendants receive maintenance instruction using CompKit materials to help them maintain their new knowledge and skills. Maintenance instruction need not be daily. Maintenance instruction may focus on knowledge and skills the defendants have initially had difficulty acquiring. If individual or maintenance-only classes are not available, defendants for whom the goal is to maintain knowledge are usually enrolled in a standard CompKit class, and participate in the same instruction as the other members of the class. Access to CompKit materials outside class. The CompKit brochures are designed to be useful to defendants in a variety of settings. We find it helpful to provide them to defendants in class, go over the contents, and encourage the defendants to keep the documents with them when they return to their residential setting. Fast Facts can be made freely available in defendants residences, waiting areas, and institutional activity settings, but there is a tendency for the brochures to be lost among the jumbles of magazines and other materials that inevitably accumulate in these places. Consequently, although we try to keep living areas supplied with Fast Facts, we offer the brochure to defendants at least weekly during competency training and on demand. CompKit: Considerations for Instructors October 2010 Page 2

15 After teaching ends. Three of the four brochures address fundamentals of the criminal justice process, and the fourth addresses staying out of jails and courtrooms. Learners may be offered these brochures to keep with them when they go back to jail to await adjudication. Each brochure is presented on a single sheet of standard paper with no staples or binding, which is a format generally acceptable to detention facilities. Facilitating Learning with CompKit Collaboration with service providers. While it is possible for competency instruction to proceed independently of other events in a defendant s life, two-way communication with treatment and residential service providers can accelerate learning and help overcome barriers to both competency attainment and psychiatric recovery. Instructors who know of issues in defendants lives outside of the competency classroom (e.g., medication adjustment, suspected substance abuse, hostility and agitation in the residential setting, relationship disappointments) can adjust their approach to the individual learner to encourage participation, reduce classroom stress, and avoid potential conflicts that can carry over into other residential and treatment settings. At the same time, instructors may have information regarding defendants demeanor and participation in the classroom that have implications for safety and recovery in the learners other life settings. The instructor may identify simple factors such as needing glasses that can have significant impact on competency attainment and on a defendant s life outside the classroom. Specific offenses. Our competency instructors report it is helpful for them to know the charges faced by each defendant in their class. These include charges other than the primary charge. Coordination with competency evaluation. Competency instructors with direct knowledge of a defendants progress in training may be able to signal the agents that schedule competency evaluations of the defendants readiness for professional competency examination. Access to evaluation results. Competency instructors with access to information from defendants competency evaluations can focus training on specific areas of perceived weakness. Improving competency instruction. We recommend that whenever possible, programs that provide competency recovery services maintain a forum to address challenges and share potential best practices. Challenges in Using CompKit Defendants unprepared for instruction. Some defendants may not display the ability or interest needed to benefit from competency instruction. Defendants who are not able to participate in competency instruction or demonstrate sufficient self-control may become disruptive to class and can endanger teachers and learners. It is helpful to establish behavioral and psychiatric stability minimums for participation in classroom and individual instruction. CompKit: Considerations for Instructors October 2010 Page 3

16 Defendants who know competency materials but cannot go to court. Our teachers sometimes encounter uncooperative defendants who have sufficient knowledge to achieve competency but do not display the emotional or behavioral skills needed to proceed in the criminal justice process. These defendants often display signs of boredom, frustration and anger if they are required to remain in competency instruction program due to psychological rather than knowledge factors. It is helpful to address their psychological needs through the usual treatment modalities instead of assuming that competency instruction will resolve these issues. CompKit: Considerations for Instructors October 2010 Page 4

17 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources INSTRUCTOR S MANUAL FOR TEACHING FACTUAL KNOWLEDGE CompKit was developed in by Florida State Hospital, Chattahoochee, Florida This revision: August 2011

18 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 August 2011 Page 2

19 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

20 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 August 2011 Page 4

21 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 August 2011 Page 5

22 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 August 2011 Page 6

23 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 August 2011 Page 7

24 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 August 2011 Page 8

25 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? 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. CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 9

26 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 of time. Most people facing a charge (about nine of every ten people) CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 10

27 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. 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 CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 11

28 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 August 2011 Page 12

29 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. Accused (noun): The person that has been charged with a crime. Alleged Offense: The crime a person is accused of committing. Arrest: When the police arrest someone, they hold that person. When you are arrested, you must answer to the charges made against you. 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. 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. Character Witness: Someone who comes to court to testify about your good character. This is a witness for you. 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. Convict: To find someone guilty of the crime they are accused of committing. Court: The place where the trial takes place. Court Reporter: The person who types every word spoken in a trial, and keeps notes on the legal proceedings. 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. CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 13

30 Felony: A more serious crime. Incarceration: To be locked up against your will. (prison, jail) Incompetent: In general, to be unable to take care of yourself and your belongings. 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. 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. Misdemeanor: A less serious crime punishable by jail time. 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. Perjury: Any willful telling of a lie under oath. Penalty for perjury is five (5) years in prison. 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. 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. CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 14

31 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. 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. Reality Orientation: You are aware of who you are, where you are and what is currently happening in your environment. 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. 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. 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. Trial: The legal proceedings held in the courtroom to decide if a person is guilty, not guilty, or not guilty by reason of insanity. 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. CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 15

32 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 August 2011 Page 16

33 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 First degree felony Second degree felony Third degree felony Punishable by imprisonment for life or for a term not less than 40 years Punishable by imprisonment not exceeding 30 years Punishable by imprisonment not exceeding 15 years Punishable by imprisonment not exceeding 5 years CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 17

34 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 August 2011 Page 18

35 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 August 2011 Page 19

36 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 August 2011 Page 20

37 Module 9 QUESTIONS ABOUT THE JURY 1. The Jury consists of a group of people from the community to hear a trial. a. 5 to 6 b. 6 or 12 a. Voters Registration list b. The phone book 2. 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 3. Juries give the verdict: a. always b. never c. when they are present d. only on Mondays 4. Who selects the Jury? a. The State Attorney and Public Defender b. The accused c. The Bailiff d. FSH employees 5. 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 August 2011 Page 21

38 Module 10 ABILITY TO MANFEST APPROPRIATE COURTROOM BEHAVIOR OBJECTIVE: TECHNIQUES: To ensure each group member understands how to behave in the courtroom. Lectures, Question/Answer 1. When you appear in court, it is very important you behave in a calm, respectful manner. 2. What will happen if you disrupt the courtroom proceedings by being loud, argumentative, demanding, etc.? [Group Discussion] 3. 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. 4. 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. 5. Who can tell me how you should dress to go to court? [Group Discussion] Fair, or not fair, first impressions 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. 6. 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 August 2011 Page 22

39 7. 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. 8. 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 that you continue to take your medication while you are in jail. Jail is stressful and the #1 reason people 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 August 2011 Page 23

40 BEHAVIOR CHECK-UP How is my behavior on the ward?. Am I easily agitated?. How is my attitude toward the Recovery Team?. Will the stress of the courtroom make my behavior worsen?. Am I cooperating with the Recovery 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 August 2011 Page 24

41 BEHAVIORAL CHECKLIST Date: Resident Name: Please circle Y for yes or N for no 1. Cooperates with staff most of the time Y N 2. Expresses needs/concerns appropriately Y N 3. Attends groups/activities on a fairly regular basis Y N 4. Usually takes medications willingly when administered Y N 5. Interacts with others and demonstrates appropriate social skills Y N 6. Calls family members/friends Y N 7. Speaks to his attorney on the phone Y N 8. Is aware of current funds/balance Y N 9. Remembers canteen day and time Y N 10. Able to discuss current events Y N 11. Plays cards/games with staff and/or other residents Y N 12. Plays chess with staff and/or other residents Y N 13. Exhibits disruptive/problematic behaviors toward staff Y N 14. Has conflicts with other residents. Y N 15. Prone to fight and become aggressive on the pod/ward Y N 16. Talks to himself as if hearing/responding to voices Y N 17. Voices bizarre thoughts or has unusual behaviors Y N 18. Participates in group and correctly answers questions about court Y N CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 25

42 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 August 2011 Page 26

43 8. What are the pleas? Guilty Not Guilty No Contest Not Guilty By Reason of Insanity I did it as charged I did not do it I am innocent I will not admit guilt, but I will not fight the charge. I ll leave it up to the court 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 August 2011 Page 27

44 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 CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 28

45 just decide if you are guilty or not, 6 or 12 people 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 August 2011 Page 29

46 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 August 2011 Page 30

47 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 August 2011 Page 31

48 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 August 2011 Page 32

49 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 August 2011 Page 33

50 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 August 2011 Page 34

51 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 August 2011 Page 35

52 CompKit: Instructor s Manual for Teaching Factual Knowledge August 2011 Page 36

53 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources INSTRUCTOR S MANUAL FOR TEACHING RATIONAL UNDERSTANDING AND DECISION MAKING CompKit was developed in by Florida State Hospital, Chattahoochee, Florida This revision: August 2011

54 Table of Contents Module 1. Mock trial #1 3 Module 2. Rational decision-making vignettes 6 Vignette 1: Steve 6 Vignette 2: Luke 7 Vignette 3: Bob 8 Vignette 4: Tom 9 Vignette 5: Dave 10 Module 3. Mock trial #2 11 Steps in mock trial 11 State versus Henry Jackson 12 Module 4. Review test 22 Module 5. Competency group study guide 23 Self awareness 23 Current events 24 Legal situation 24 Courtroom procedures 25 Courtroom behavior 28 Index 30 CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 2

55 Module 1 Mock Trial #1 Goal: Objective: The resident will walk through the legal process with the sample scenario. The residents will participate in a mock trial, by taking on a role in the courtroom with a sample case. Lesson: 1. The teacher will read the following situation about Jane (or John for men s class) to the class. Jane has been accused of assault and battery of a police officer. She was in an argument with her husband, the police were called. When the police officers came to assess the situation, a police officer tried to calm her down. She was drunk at the time and started yelling at the police officer, then after feeling frustrated with him, she punched him. The police officer arrested her and took her to the county jail. 2. Set up classroom as a court would be set-up (see court diagram in Lesson 3). Ask the class for volunteers for the following roles: judge, bailiff, state attorney, defendant, public defender, court reporter, police officer (witness), any other witnesses, and jury members. 3. Read the following narrative, having discussion time for role playing where pauses are indicated. Jane s trial is about to take place. Everyone except the judge enters and sits in the courtroom. The bailiff arrives and asks everyone to Please arise. Ladies and gentlemen the Honorable. The judge walks in and allows everyone to be seated. (PAUSE) The bailiff announces the case The State of Florida vs. Jane Doe. The judge calls court into session. (PAUSE) The defendant, Jane, sits with her public defender. She will let her attorney speak for her in court today because her public defender has studied law and knows best how to represent her. She will not speak out in court but will talk to her public defender quietly CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 3

56 if she needs to say something. The public defender has spent time preparing Jane s case, or gathering evidence and witnesses that will prove her innocence. The state attorney is representing the State. He/she is trying to convict Jane of the crime of assault and battery on a police officer. The state attorney has to give facts (evidence, witnesses) that will prove she is guilty beyond reasonable doubt. The judge is preparing to hear Jane s case too and has prepared the jury to consider only absolute facts to prove Jane s guilt. The judge will remain in control of the courtroom during the trial and will make sure everyone is playing by the rules. The court reporter will type every word spoken in Jane s trial. The trial is about to begin. The judge calls the prosecution first to give the opening statement, as to how he/she will prove Jane s guilt. (PAUSE) The judge calls the public defender to give an opening statement, regarding how he/she is going to defend his/her client. (PAUSE) The prosecutor then presents his/her case, stating facts that prove that Jane is guilty of the crime. The prosecutor will call the police officer to the stand, and the bailiff will swear him/her in. The prosecutor will question the police officer and show any other evidence he/she has. (PAUSE) The defense cross-examines the police office, asking questions to discredit the police officer. (PAUSE) The prosecutor makes closing statements. (PAUSE) The public defender presents his/her case, stating reasons why Jane shouldn t be found guilty. She was harassed by the police officer and was defending herself. She/he brings Jane to the witness stand. (PAUSE) The state attorney cross-examines the police officer. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 4

57 (PAUSE) The public defender calls his/her client to the witness stand. (PAUSE) The prosecutor cross-examines. (PAUSE) Jane will be careful how to testify in court. She will not go on an on into too many details. She will answer questions to the point, directly. (PAUSE) Closing statements will be given by each side. (PAUSE) The jury will deliberate over the trial and come to a unanimous decision regarding Jane s innocence or guilt. The evidence should prove beyond reasonable doubt that Jane is guilty of the crime she has been accused of committing. If they vote her guilty the jury can recommend a sentence but the judge always gives the sentence. (Her charges are a 3 rd degree felony. If convicted the maximum time she could be given is 5 years in prison.) (PAUSE) The verdict will be read and the sentence given, if applicable, and the court is dismissed by the judge. (PAUSE) 4. Make closing remarks on how the trial went and how it would compare to a real trial. Allow time for discussion. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 5

58 Module 2 Rational Decision-Making Vignettes Vignette 1: Steve Steve has been sending letters to Lori for almost 4 months. He writes that he loves her, but he also threatens to harm her if she does not love him back. After getting her phone number from friends, Steve starts calling Lori and hanging up. Steve also starts following Lori to restaurants and stores. Lori is afraid of Steve and was warned that he might hurt her, so she called the police and reported Steve s actions. After talking to Steve, the police arrest him and charge him with Stalking. Question: Even though Steve does not think he did anything wrong, his Public Defender tells him that he clearly broke the law and will be found Guilty if his case goes to trial. 1) Were Steve s actions inappropriate/wrong? 2) Is there a possibility that he would be convicted of Stalking? 3) What evidence might make Steve appear Guilty? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 6

59 Vignette 2: Luke Luke has been feeling scared of his mother for months. He believes that she is possessed by the devil and will kill him tomorrow as a sacrifice. That night, Luke gets his brother s gun and shoots his mother while she is sleeping. She screams, runs to the kitchen, and calls the police. The police come and take her to the hospital where she recovers. Luke is charged with Attempted Murder. Questions: 1) What things should Luke tell his Public Defender that are important to his case? What things should he tell about how he was thinking and feeling? 2) The Prosecutor offers Luke a deal (Plea Bargain) of 5 years in prison if he pleads Guilty to Aggravated Battery (attacking a person with the intent to do serious harm). 3) What if the Prosecutor offers a plea bargain for an NGI? Should Luke take the deal even if it means he will go to a forensic hospital (like FSH) for at least 2 or 3 years and maybe longer? 4) To be found Guilty of Attempted Murder what does the Prosecutor have to prove? To have him found NGI what does Luke s Public Defender have to prove? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 7

60 Vignette 3: Bob Bob was arrested and charged with Battery on a Law Enforcement Officer after he hit a police officer who stopped him on the street. There were 2 other people (witnesses) who saw Bob hit the police officer. The officer had a cut on his chin after being hit, and Bob s knuckles were bruised. The worst penalty Bob can get if he is found guilty is 5 years in prison. The State s Attorney (Prosecutor) offers a deal (plea bargain) where Bob would have to spend 4 months in jail and then be on Probation for one year. Questions: 1) Does the State have a strong case against Bob? 2) What evidence can be used to prove Bob guilty? 3) Would you accept the plea bargain if you were Bob? 4) Would you plead Not Guilty and take the case to trial if you were Bob? 5) Why or why not? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 8

61 Vignette 4: Tom The police came to Tom s house because neighbors complained that he was playing his music too loud. When the police got to his house they asked if they could come inside. Tom said Yes. In the living room, police spotted a crack pipe and an empty bag on the table. The police arrested Tom for Possession of Drug Paraphernalia and Possession of Cocaine. Tom told the Police that the stuff was not his. Questions: 1) Does the State (Prosecution) have a strong case against Tom on the Possession of Drug Paraphernalia charge? What about the Cocaine Possession charge? 2) How might you plead (i.e., Guilty, Not Guilty, No Contest, Not Guilty by Reason of Insanity) on these charges? 3) If Tom was under the influence of drugs/high when he got arrested, could he plead NGI to the charges and win? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 9

62 Vignette 5: Dave Dave is arrested by police on Sunday morning and is charged with Grand Theft Auto. The police say that Dave stole a car from a gas station Saturday night (the previous night) and crashed it into a telephone pole 2 miles from his house. The police found Dave s fingerprints on the car door and were able to track him down because he has a criminal record and a past charge for Grand Theft Auto. Dave tells police that he was home alone all night on Saturday, but Dave s neighbor told police that he saw Dave running up to his house at 2:00 a.m., one hour after the car was reported stolen. Dave claims that the police are always messing with him, trying to frame him, and that they are involved in a conspiracy to put him behind bars. Dave s neighbor is a 65 year old retired store clerk. He is not an enemy of Dave s and has no bad feelings toward him. Questions: 1) What evidence does the state have against Dave? 2) Who would be a more believable witness, Dave or his neighbor (neighbor does not have a criminal record)? 3) What if the neighbor had been a 23 year old with a long criminal record who had conflicts with Dave in the past? 4) The worst penalty Dave could get is 15 years if he is found Guilty. Should he consider a plea bargain offer of 3 years in prison? Why or why not? What if Dave had 5 past convictions for Car Theft? 5) If Dave s case goes to trial, how likely is he to win (be found Not Guilty) by claiming that he was framed? Why do you think Dave is accusing the police of framing/conspiring against him? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 10

63 Module 3 MOCK TRIAL #2 STEPS IN MOCK TRIAL 1. JUDGE enters 2. BALIFF calls the case 3. JUDGE court in session 4. PORSECUTOR OPENING STATEMENT: 5. PUBLIC DEFENDER OPENING STATEMENT: 6. PROSECUTIR CALLS WITNESSES: A. DIRECT EXAMINATION: B. CROSS EXAMINATION: 7. PUBLIC DEFENDER CALLS WITNESS: A. DIRECT EXAMINATION B. CROSS EXAMINATION 8. PROSECUTOR S CLOSING STATEMENT: 9. PUBLIC DEFENDER S CLOSING STATEMENT 10. JUDGE/JURY DECIDE ON A VERDICT CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 11

64 MOCK TRIAL STATE VS. HENRY JACKSON On November 2, 1991 at approximately 2:00 p.m., Mr. Henry Jackson test drove a 1988 Ford Pick-up at Blue s Auto Sales. Mr. Joseph Blue owner of Blue s Auto Sales and Mr. Jackson could not come to terms on the 1988 Ford Pick-up, and the two exchanged words, Mr. Blue states that Mr. Jackson called him a rip-off and told him that he could get the 1988 Ford pick-up if he really wanted it. On November 2, 1991 at 9:00 p.m., Mr. Blue made a trip back to his business to check on things as he usually does. When Mr. Blue arrived, he noticed one of his vehicles missing from his car lot and it was the same 1988 Ford pick-up that Mr. Jackson test drove earlier that day. He then called the police to report the incident. The prosecution states that Mr. Henry Jackson is guilty of Grand Theft Auto and the evidence against him makes it clear beyond a reasonable doubt that he is guilty. The defense states that they have witnesses as to Mr. Jackson s whereabouts between the hours of 6:00-9:00 p.m., the time the truck went missing from Blue s Auto Sales. Mr. Jackson does not deny the comments he made to Mr. Blue but states he did not steal the truck. JUDGE: Prosecution, you may go ahead with your opening statement. PROSECUTION OPENING STATEMENT On the afternoon of November 2, 1991, Mr. Henry Jackson did come to Blue s Auto Sales and he did test drive a 1988 Ford pick-up truck. Mr. Blue made Mr. Jackson a reasonable offer after negotiating on the price for approximately fifteen minutes. Mr. Jackson was in no way reasonable and told Mr. Blue that he was a rip-off and that he could get the truck if he really wanted it. We will prove that Mr. Jackson had no intentions of buying the truck and test driving it was just part of his plan to steal the truck later that night. JUDGE: Defense you may give your opening statement. DEFENSE OPENING STATEMENT It is true that Mr. Jackson did in fact test drive a 1988 Ford pick-up truck at Blue s Auto Sales. Mr. Jackson had good intentions to buy the truck but Mr. Blue s price on the 1988 Ford truck was too high. Mr. Jackson does not own a vehicle at this time but recently acquired a part time job to buy a vehicle. The defendant Mr. Jackson was upset when he and Mr. Blue could not make a deal and he does not deny the comments he made to Mr. Blue, but the defendant has witnesses as to his whereabouts at the alleged time the truck was stolen. Mr. Jackson did not steal the truck and he should not be convicted of a crime he did not commit. JUDGE: Prosecution call your first witness please. PROSECUTOR: I call Joe Blue to the stand. BAILIFF: Raise your right hand and state your name. WITNESS: Joseph B. Blue BAILIFF: Do you swear to tell the truth, the whole truth, and nothing but the truth? WITNESS: I do. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 12

65 BAILIFF: You may be seated. DIRECT EXAMINATION PROSECUTOR: Q. State your name please? A. Joseph B. Blue Q. How old are you Mr. Blue? A. I am 56. Q. What do you do for a living? A. I own a car sales dealership. Q. What is the name of your dealership? A. Blue s Auto Sales. Q. How long have you been in business for yourself? A. For almost 15 years. Q. What did you do before you went into business for yourself? A. I was a car salesman for Henry s Chevrolet. Q. Why did you leave Henry s Chevrolet? A. It was my dream to own my own business, I had saved up some money so I pursued my dream. Q. In other words, you have been in car sales since you started working? A. Yes, that is right. Q. Have you ever had any trouble dealing with potential buyers prior to November 2, 1991? A. No, I have not. Q. Could you describe to the court, the incident between you and Mr. Henry Jackson on November 2, 1991? A. Well, I noticed Mr. Jackson looking at a 1988 Ford pick-up on the lot and I walked up to him and asked him if he would like to test drive it. He said that he had just got a job and was interested in buying, and we took it for a test drive. When we got back, we talked price on the truck. I came down $2,000 off the original price and told him that was as low as I could go. Mr. Jackson then exploded, you are a rip-off and the whole town will know it. As he was walking off the lot he made this comment, I can get that truck if I want it, and he left. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 13

66 Q. Is there any doubt in your mind that Mr. Jackson returned later that night and stole the 1988 Ford pick-up truck? PUBLIC DEFENDER: Objection your Honor! He is leading the witness. JUDGE: Sustained. Q. Do you Mr. Blue, have any doubt that Mr. Jackson stole the truck later that night. A. No, there is not. PROSECUTOR: Thank you Mr. Blue. I have no further questions. JUDGE: You may cross examine. CROSS EXAMINATION PUBLIC DEFENDER: Q. Mr. Blue, you said you have been in car sales for a good part of your life? A. Yes, that is correct. Q. You also stated that you have never had trouble dealing with potential buyers prior to November 2, 1991, correct? A. Yes, that is correct. Q. Mr. Blue, you mean to tell me that you have never had an angry customer call you names or make simple threats towards you? A. No, I can not say that. Q. Well, you told the court that you had never had any trouble with potential buyers prior to November 2, Let me ask you; is it unusual for an angry customer to make remarks such as the ones Mr. Jackson made to you on that day? A. No, but. Q. No buts, Mr. Blue! Just answer the question yes or no. A. No. PUBLIC DEFENDER: Thank you Mr. Blue, I have no further questions. JUDGE: Does that conclude the evidence from Mr. Blue? PUBLIC DEFENDER: It does your Honor. JUDGE: You may step down Mr. Blue. You may proceed with your next witness. PROSECUTOR: I call, Mrs. Mary May to the stand. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 14

67 BAILIFF: Raise your right hand and state your name. WITNESS: Mary M. May BAILIFF: Do you swear to tell the truth, the whole truth and nothing but the truth? WITNESS: I do. BAILIFF: You may be seated. PROSECUTOR: Q. What do you do for a living Mrs. May? A. I sell cars for Mr. Joe Blue. Q. How long have you been working for Mr. Blue? A. For about 8 years. Q. So you know Mr. Blue pretty well? A. Yes, I consider Mr. Blue a good friend as well as my boss. Q. So could you tell the court, what kind of a personality Mr. Blue has? A. Mr. Blue is one of the most Friendliest People I know, he gets along well with his customers and I have never heard him say a harsh word to anyone. Q. Were you working the day Mr. Henry Jackson came to Blue s Auto Sales? A. Yes, I was. Q. Did you overhear the conversation between Mr. Blue and Mr. Jackson? A. Yes, I did. Q. Well Mrs. May could you tell the court what you heard? A. Well, Mr. Blue and Mr. Jackson talked for about fifteen minutes after they arrived back from test driving the truck. Mr. Blue was describing the features on the truck etc. and Mr. Jackson said, Let s talk price. Mr. Blue and Mr. Jackson negotiated for about 10 minutes and Mr. Blue said this is as low as I can go. Mr. Jackson really seemed to be upset and called Mr. Blue a rip-off. He also stated that he could get the truck if he wanted it and he left. Q. Have you ever seen anyone react this way during your car sales experience? A. No, I have not. Q. Did it appear to you that Mr. Jackson would go to any length to get that truck? A. Yes it did. PROSECUTOR: Thank you, that s all. Your witness. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 15

68 CROSS EXAMINATION PUBLIC DEFENDER: Q. Mrs. May, you told the court that you have never seen anyone upset after not coming to terms with a car salesman, right? A. Yes. Q. You can honestly say that you have never seen anyone upset, Mrs. May? A. Well, I guess I should clarify myself. I have never seen anyone as upset as Mr. Jackson was that day. Q. Mrs. May, would you say that the final offer Mr. Blue made to Mr. Jackson was reasonable, or was it still a little high? A. The offer was reasonable; however Mr. Blue was going to make some money off the car. That is what he is in business to do. Q. I understand Mr. Blue is trying to make a living, but he also has a reputation of taking advantage of his customers. What would you say to this Mrs. May? A. I have been working for Mr. Blue for about 8 years, and sure there have been unsatisfied customers, but Mr. Blue is just trying to make a living just like anyone else in business. Q. Is it possible that Mr. Blue s offer to Mr. Jackson was a little high and Mr. Jackson may have been insulted by his final offer? A. Yes, I guess it is possible. Q. And this would explain Mr. Jackson s behavior on the day of November 2, 1991? A. Yes, I guess it may. Q. So Mr. Blue made a insulting offer to Mr. Jackson, he then became angry and made a few comments he should not have made. Does this prove that Mr. Jackson is guilty beyond a reasonable doubt? A. No. PUBLIC DEFENDER: Thank you, Mrs. May. I have no further questions. JUDGE: Mrs. May you may step down. Does that conclude the evidence from Mrs. May? PUBLIC DEFENDER: It does you Honor. JUDGE: Does that conclude the testimony from Mr. Blue s side? PROSECUTOR: Yes, it does your Honor. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 16

69 JUDGE: We will recess until 8:30 a.m. tomorrow morning. When court resumes, it will be called to order again by the bailiff. JUDGE: You may proceed with evidence from Mr. Jackson s side. PUBLIC DEFENDER: Thank you. The defense calls Mike Jackson to the stand. BAILIFF: Please raise you right hand and state your name. WITNESS: Michael Jackson BAILIFF: Do you swear to tell the truth, the whole truth and nothing but the truth? WITNESS: I do. BAILIFF: You may be seated. PUBLIC DEFENDER: DIRECT EXAMINATION Q. Will you state your name to the court? A. Michael K. Jackson. Q. How old are you Mr. Jackson? A. I am 22 years old. Q. Could you tell the court in detail what you were doing between the hours of 6:00-9:00 p.m. on November 2, 1991? A. Yes sir, about 5:30 p.m., I along with several other friends including Henry Jackson went down to the city park to shoot basketball. We played for about 2 hours and then we went to a friend s house to get something to eat and drink. We played cards after we ate until about 11:00 p.m. and then we all went home. Q. Was Mr. Henry Jackson with the group the entire evening? A. Yes he was. Q. What do you think about the allegations against Mr. Jackson? A. They are impossible because he was with me the entire evening and there is no way he could have stolen that truck. PUBLIC DEFENDER: Thank you Mr. Jackson that is all I have. JUDGE: You may cross examine. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 17

70 CROSS EXAMINATION PROSECUTOR: Q. You stated that your name was Michael K. Jackson correct? A. Yes I did. Q. Is there any relation between you and the defendant Henry Jackson? A. Yes sir, we are brothers. Q. Do the two of you live in the same house? A. No sir, I live at home with my parents and Henry lives on his own. Q. You told the court that after playing basketball for a couple of hours that you and your friends went to another friend s house until 11:00 p.m. correct? A. Yes sir, we did. Q. Was there any time during this period that the two of you were separated? A. No sir, not that I can remember. Q. Not that you can remember! Was there any drinking going on at your friend s house? A. Yes, we did drink a little. Q. So, you, your brother and your friends were drinking right? A. Yes. Q. So, it is possible that you and your brother Henry may have been separated because you were all drinking and were not in the right state of mind to know if someone had left, correct? A. We were drinking, but we were not drunk. I was not separated from my brother. Q. I will ask you again Mr. Jackson, was there any drinking going on in the house the night of November 2, 1991? A. Yes. PROSECUTOR: No further questions, your Honor. JUDGE: Does that conclude the evidence from Michael Jackson? PUBLIC DEFENDER: Yes, you Honor. JUDGE: Mr. Jackson you may step down. You may call your next witness. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 18

71 PUBLIC DEFENDER: I call Henry Jackson to the stand. BAILIFF: Raise your right hand and state your name. WITNESS: Henry L. Jackson. BAILIFF: Do you swear to tell the truth, the whole truth and nothing but the truth? WITNESS: I do. BAILIFF: You may be seated. PUBLIC DEFENDER: Q. State your name to the court. A. Henry L. Jackson Q. How old are you Mr. Jackson? A. I am 25. Q. Do you have a job Mr. Jackson? A. I work part-time at McDonalds. DIRECT EXAMINATION Q. You recently acquired the job and you wanted to buy a vehicle correct? A. Yes sir. Q. You went to Blue s Auto Sales and test drove a 1988 Ford pick-up, correct? A. Yes sir. Q. Mr. Jackson could you tell the court about the incident between you and Mr. Blue after test driving the truck? A. Well, I test drove the truck and when we got back to the car lot I asked Mr. Blue how much he wanted for the truck. He said that the price was listed on the truck. Q. Does Mr. Blue have the prices listed on the vehicles? A. No, he does not. Q. Proceed with telling the court about the incident between you and Mr. Blue. A. Well, we talked price and we could not make a deal. I got frustrated and told him he was a rip-off and that I could get that truck if I really wanted it. Q. Did Mr. Blue provoke you to make these comments? A. Well, he insulted me. He was trying to make a killing off me buying the truck. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 19

72 Q. Your brother testified that you were with him and other friends on November 2, 1991, from 5:00-11:00 p.m.? A. Yes, I was. Q. Mr. Jackson, I am going to ask you straight forward, did you steal the 1988 Ford pick-up truck from Blue s Auto Sales? A. No, I have never stolen anything in my life! PUBLIC DEFENDER: That s all I have, thank you Mr. Jackson. JUDGE: You may cross examine. PROSECUTOR: CROSS EXAMINATION Q. Mr. Jackson, will you clarify to the court what you mean when you say that Mr. Blue insulted you? A. He acted like I was stupid and that I knew nothing about the price of cars. Q. Mr. Jackson, what do you say about the truck being stolen the same day you had test driven it? A. I don t know how to explain it, but I didn t do it. It must have been a coincidence. Q. Mr. Jackson, your brother has stated that the two of you were drinking with your friends. Were you drinking? A. Yes, I was. PUBLIC DEFENDER: Objection your Honor, the prosecutor is intimidating the witness. JUDGE: Sustained. You know the rules of the court Mr. Williams. Q. Mr. Jackson, when people drink they often do thing that they don t remember. You were drinking and you may have stolen the truck and didn t even know it, considering the state of mind you were in. Your brother has testified on your behalf, but he was in the same condition you were in. How is the court supposed to believe your testimony knowing these facts? A. I have no explanation for that, but I know that I am not guilty. PROSECUTOR: No further questions your Honor. The prosecution rests. DEFENSE LAWAYER: The defense rests. JUDGE: Prosecution you may go ahead with your closing statement. PROSECUTION CLOSING STATEMENT CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 20

73 I have to question the defense testimony, both Mr. Henry Jackson, the Defendant, and Mr. Michael Jackson, the defenses witness were in a drunken state of mind on the night of November 2, Sure, Michael has testified that he was with Henry the entire night but they were both drunk and may not be absolutely sure of what they were doing. Mr. Henry Jackson had no intentions of buying a new truck and test driving it was only part of the plan to steal the truck later that night. Mr. Henry Jackson is guilty of Grand Theft Auto and should be prosecuted to the fullest extent of the law. JUDGE: The defense may give its closing statement. DEFENSE CLOSING STATEMENT The defendant Mr. Henry Jackson does not deny the comments he made to Mr. Blue. In fact, Mr. Blue provoked the comments by insulting Mr. Jackson s intelligence about automobiles. It is not unusual for customers to become angry and make comments like these, but, in no way does this indicate that Mr. Jackson stole the truck. These comments are the only evidence the prosecution has to go on and it is not enough to prove beyond a reasonable doubt that Mr. Jackson stole the truck. The defendant has witnesses as to his whereabouts at the time of the alleged crime. Mr. Jackson was across town with friends. Remember jury, to convict someone the evidence must prove beyond a reasonable doubt that he is guilty. The defendant is not guilty and should not be convicted of a crime that he did not commit. JUDGE: Jury, you have heard conflicting testimony from both sides. It is your duty as a jury to find the facts and apply the law. You will now return to the jury room and decide on a verdict. This court is recessed. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 21

74 Module 4 Review Test NAME DATE TESTER 1. Competent 2. Not Competent 3. Competency Hearing 4. Laws 5. Rights name some of the rights of an accused person. 6. Crime 7. Defendant 8. Warrant name the two types of warrants discussed. a. b. 9. When do the police not need a warrant to arrest a person? 10. Accuse 11. Defend 12. What is the job of the defense lawyer? 13. What ways can a defendant help his lawyer? 14. Trial CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 22

75 Module 5 COMPETENCY GROUP STUDY GUIDE SELF-AWARENESS 1. What is your name? 2. How old are you? 3. When were you born? Month, Day, Year 4. What is your marital status? Single (Never Married), Married, Separated, Divorced, Widowed 5. What is the time of day? 6. What is the day of the week? 7. What is the date? Month, Day, Year 8. Where are you? 9. How long have you been here? 10. When were you admitted? Month, Day, Year 11. In what town are you? 12. In what state are you? 13. Why are you in the hospital? 14. Do you believe that you need to be in the hospital? 15. Do you believe that you need to take medication? 16. How does your medication help you? (with your thoughts, with your mood) 17. Do you believe that you have a mental illness? 18. Do you believe that other people think that you have a mental illness? 19. Do you believe that your thoughts are sometimes strange or make no sense? 20. Do you sometimes do things that are strange or make no sense? 21. Do you sometimes say things that are strange or make no sense? 22. How is your sleep? 23. How is your appetite? 24. How is your mood? 25. Do you sometimes get depressed? 26. Do you sometimes get anxious or nervous? 27. Do you sometimes have problems with concentration? 28. Do you sometimes hear voices or noises that other people do not hear? 29. Do you sometimes see things that other people do not see? 30. Do you believe that anyone is trying to harm you? 31. Do you sometimes have thoughts about harming someone else? 32. Do you sometimes have thoughts about harming yourself? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 23

76 CURRENT EVENTS 1. Who is president of the United States? 2. Who is the governor of this state? 3. How are the governor of this state and the president of the U.S.A. related? LEGAL SITUATION 1. What are your charges? 2. What are you accused of doing? 3. What is your side of the story? 4. When were you arrested? 5. Where were you when you were arrested? 6. What were you doing when the police arrested you? 7. Who was with you when you were arrested? 8. Why did the police arrest you instead of someone else? 9. What did the police say to you when they arrested you? 10. Were there any witnesses? 11. What evidence do the police have against you? 12. Are your charges serious? 13. What might happen if you are found guilty of these charges? 14. What is a felony? A felony is a very serious crime. The punishment for a felony is one year or more in prison. 15. What is a misdemeanor? A misdemeanor is a less serious crime than a felony. The punishment for a misdemeanor is less than one year in jail. 16. Do you think you will have a fair trial? 17. Do you have a lawyer? 18. Have you had any contact with your lawyer? 19. Do you trust your lawyer? 20. Why did the judge send you to the hospital? The judge sent you to the hospital because he or she believed that you were incompetent to proceed in the legal system. 21. What is Incompetent to Proceed (ITP)? ITP means that the judge believed that, because of your mental condition, you would not be able to have a fair trial. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 24

77 22. What is Competency to Proceed? Competency to Proceed means that your mental condition will not interfere with you having a fair trial. A competent person understands courtroom procedures, has a rational mind, has a stable mood, and can control his or her behavior. If you are competent to proceed you will return to court to face your charges. COURTROOM PROCEDURES 1. What is a crime? A crime is committed when someone breaks the law, even if someone does not know about the law that was broken. 2. What is a trial? A trial is a legal proceeding held in a courtroom to decide if a defendant is guilty, not guilty, or not guilty by reason of insanity. 3. What is a hearing? A hearing is a less formal court proceeding to ensure that a trial is fair. 4. Please list the important people who are in the courtroom during a trial. The following underlined words represent who will be in the courtroom. 5. What is a defendant? A defendant is a person who has been charged with a crime. 6. What does the judge do? The judge presides over the courtroom. He or she keeps order in the court, makes sure both sides are treated fairly, and helps the jury understand the rules of the courtroom and how to make decisions. The judge sometimes gives the verdict and always sentences the guilty. 7. What does the jury do? 8. How many people are on the jury? 9. From where do the courts get jury members? The jury is either 6 or 12 people from the community who are selected to hear a trial. Each jury member is selected based on their ability to make fair decisions. The judge instructs the jury as to how the court system works. The jury, when present, gives the verdict. 10. What does the defense attorney or public defender do? The public defender represents and defends you in court. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 25

78 The job of the defense attorney is to get the best possible verdict for the defendant. 11. Why do you need to trust your defense attorney? The public defender is on your side and can provide valuable legal advice. 12. What should you do if you cannot work with your defense attorney? If you cannot work with your attorney, you can ask the judge to assign you a different lawyer. 13. What does the state attorney, or prosecutor, do? The prosecutor is against you and your public defender. The job of the state attorney is to convict you of a crime and get the maximum sentence. 14. What does it mean to testify? What is testimony? When someone testifies, or gives testimony, he or she answers questions from the defense attorney, the state attorney, or both. Witnesses give testimony and sometimes the defendant testifies in court. 15. What do witnesses do? A witness tells what he or she knows about a crime. A witness testifies for or against the defendant. 16. What is a character witness? A character witness knows the defendant personally and can testify about the defendant s good character. A character witness always testifies for the defendant. 17. What is cross examination? Cross examination is when a witness, or character witness, answers questions from the opposing lawyers the defense attorney and the prosecutor. 18. What is evidence? Evidence is anything that gives proof of a defendant s guilt or innocence. Evidence can be testimony from witnesses, objects such as weapons, fingerprints, DNA samples, or written documents. 19. What does the bailiff do? The bailiff is the police officer in the courtroom. 20. What does the court reporter do? The court reporter types everything that is said during the trial. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 26

79 21. Are the following courtroom personnel for you, against you or neutral? Courtroom Personnel FOR YOU AGAINST YOU NEUTRAL Judge X Jury X Prosecutor X Defense Attorney X Bailiff X Court Reporter X Witnesses X X Character Witnesses X 22. Please list the pleas from which you can choose? The following underlined words represent the four pleas. 23. What does not guilty mean? Not guilty means that the defendant says that he or she did not do the crime. 24. What does guilty mean? Guilty means that the defendant says that he or she did the crime. 25. What does no contest mean? No contest, or nolo contendere, means that the defendant will not say that he or she is guilty or not guilty. If a defendant pleas no contest, the judge will review the available evidence and determine whether the defendant is guilty or not guilty. If the defendant pleads no contest, he or she will not have a trial by jury, he or she will not face his or her accuser, and he or she may not ask for a second opinion (an appeal). 26. What does not guilty by reason of insanity mean? This means that the defendant did the crime but, at the time of the crime, the defendant either did not know that the action was wrong or could not control his or her behavior due to a mental illness or mental retardation. 27. Which pleas result in a trial? If a defendant pleads not guilty, or not guilty by reason of insanity, there will be a trial. If a defendant pleads guilty, the judge will make the sentence. If a defendant pleads no contest, the judge will make the verdict and the sentence. 28. What is a plea bargain? A plea bargain is a deal where the defendant pleads guilty or no contest to a less serious charge and receives a less serious punishment than he or she would have received if he or she were found guilty at trial. The CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 27

80 defendant, the defense attorney, the prosecutor, and the judge must approve of the plea bargain. 29. What is a verdict? The verdict is the decision as to whether the defendant is guilty, not guilty, or not guilty by reason of insanity. 30. Who makes the verdict? The jury or if there is no jury, the judge makes the verdict. 31. What is a sentence? 32. Who makes the sentence? The sentence is the punishment given by the judge to the guilty. 33. What is an appeal? An appeal is when the defense attorney or the state attorney asks the court for a second opinion about the verdict or the sentence. 34. What is probation? Probation is when a sentence has been suspended. The convicted person can live in the community but is under the supervision of a Probation Officer. The convicted person must follow the rules that the judge has arranged. After a specified amount of time the convicted person can go free. 35. What happens if you violate probation? If the convicted person did not follow the rules that the judge arranged then he or she is charged with a probation violation and sentenced to time in prison. 36. What do you know about prisons? 37. What is parole? Parole is when a parole board lets a convicted person out of prison early for good behavior. The convicted person can live in the community but is under the supervision of a Parole Officer. The convicted person must follow the rules that the parole board has arranged. After a specified amount of time the convicted person can go free. 38. What happens if you violate parole? If the convicted person did not follow the rules that the parole board arranged, then he or she is charged with a parole violation and returned to prison. CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 28

81 COURTROOM BEHAVIOR 1. How should you behave in court? You should be polite, quiet, and well-mannered in court. 2. How should you dress for court? You should be clean and wear formal clothing to court. 3. When should you speak in court? During the trial, you should speak only when asked a question directly. 4. What should you do if you need to say something during the trial? If you need to say something during the trial, you should whisper to your attorney or write your attorney a note. 5. What should you do if you become angry in court? You should quietly explain to your attorney what is wrong. 6. What is contempt of court? Contempt of court is when the defendant misbehaves in court. 7. What is the penalty for contempt of court? The judge will charge the defendant with contempt of court and sentence him or her up to 90 days in the county jail. 8. What is perjury? Perjury is lying under oath. If a defendant or witness testifies and is caught intentionally giving false information, he or she will be charged with perjury. 9. What is the penalty for perjury? A person convicted of perjury may be sentenced up to five years in prison. 10. What is the 5 th Amendment? The 5 th Amendment of the Constitution of the United State protects people from incriminating themselves in a court of law. If a defendant or witness is testifying and does not want to answer a question where the answer makes the defendant or witness appear guilty of a crime, he or she can plead the 5 th and refuse to answer the question. 11. How has your behavior been on the ward? CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 29

82 CompKit: Instructor s Manual for Teaching Rational Understanding and Decision Making August 2011 Page 30

83 What do I need to know about the court? The court system is adversarial. That means that there are two sides in the case and both sides try to win the case. The Defendant (you) and the defense attorney are on one side and the State Attorney (prosecutor) is on the other side against you. The Judge: Keeps order in the court. Makes sure everyone follows the rules of the court. Is neutral or impartial. He or she is not on either side and does not help one side more than the other. Passes sentence if the defendant is found guilty. Sets the defendant free if the verdict is Not Guilty. Decides if the defendant is guilty or not guilty when the trial is a bench trial (no jury.) The Defense Attorney or Public Defender: Is the lawyer who is for you, on your side. Does his or her best to get you free. Is trying to protect you. Tries to get you a reduced sentence if you are found or plead guilty. The Prosecutor or State Attorney: Is against you and is NOT on your side at any time. His or her job is to prove that you are guilty. Pleas 5 6 Guilty: I did the crime. Not Guilty: I did NOT do the crime. Not Guilty by Reason of Insanity (NGI): At the time of the crime, I was mentally ill and did not understand that what I was doing was wrong. No contest: I am not saying whether or not I committed the crime. I want the judge to decide what happens in my case. Plea Bargain A deal between the State Attorney, your lawyer or Public Defender, and you. The judge has to agree with the plea bargain. It usually results in a sentence less than you would have gotten without a plea bargain. Behavior in Court While you are at Florida State Hospital, we check your behavior to be sure that you can behave properly in court: calm, quiet, and paying attention. Ability to Testify You must be able to speak in an organized way and answer questions. It is important to know that you must tell the truth in court but do not have to say anything that makes you look guilty (incriminates you). FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Competency to Proceed Fast Facts Brochure Why am I at Florida State Hospital? 1. You have been charged with a crime. 2. The judge felt that you were not ready to go through the legal process. Because of this, the judge found you incompetent to proceed. 3. The judge decided this because he or she felt that you might have a mental illness that keeps you from helping your lawyer defend you in court. 4. The Judge ordered that you come to Florida State Hospital for treatment of your mental illness and training about the court system. This is so that you can become competent to proceed and go back to court. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida October 2010

84 What do I have to do to go back to court? You must be competent to go ahead with your case in court. This means that you must show that you are competent to proceed. To be competent to proceed, you must: 1. Rationally understand your current legal situation. This means: a. You must know the charges against you; what the police say that you did. b. You must know the possible sentences or penalties for a person found guilty of your charges. c. You must understand that the court system is an adversarial system. You must show that you understand how the court system works and what the people who work in the court do. 2. Be able to work with your defense attorney (lawyer) and make decisions about your defense in a rational way. This means: a. You must be able to provide accurate and important information about your case to your lawyer or attorney. b. You must be able to behave appropriately in court. c. You must be able to testify and give evidence in court to defend yourself, if necessary. What can I do to become competent to proceed and leave the hospital as soon as possible? 1. Cooperate with treatment. 2. Take the medication that the doctor says you need. 3. Be on your best behavior. 4. Participate in the groups where they talk about court and the people in the court. 5. Know about: my charges, my possible penalties, and the court. What do I need to know about my charges? Crimes are either misdemeanors or felonies: Misdemeanors are less serious than felonies. Misdemeanors are such crimes as loitering, trespassing, assault, simple battery, and some traffic offenses. Felonies are more serious crimes. Being charged with a felony is a very serious matter. Felonies are crimes such as battery on a law enforcement officer, armed robbery, burglary of an occupied structure, battery, and aggravated assault. What do I need to know about possible penalties? You must know the possible penalties for someone found guilty of the crimes that you are charged with. Different types of felonies and their maximum sentences are: Possible punishments with prison time CAPITAL FELONY: Penalties include death or life in prison. LIFE FELONY: Maximum Life in Prison 1 st DEGREE FELONY: maximum 30 years in prison. 2 nd DEGREE FELONY: Maximum 15 years in prison. 3 RD DEGREE FELONY: Maximum 5 years in prison. Things like use of a firearm or rape of a child can add mandatory time to your sentence from 1 year to life in prison. Possible punishments without prison time Probation Community Service Community Control County Jail Confinement (1 year or less) Time Served If found not guilty: No punishment

85 Sa mwen genyen pou mwen fe pou mwen ka retounen len Tribinal? Se pou ka genyen kapasite mental pou ka continue avek pwosè tribinal ou.sa vle di ke ou sipoze montre ke ou genyen kapasite mental pou continye. Se pou ka genyen kapasite mental pou ka continue avek pwosè tribunal ou. Sa vle di ke ou suppose montre ke ou genyen kapasite mental pou continye. Pou ka genyen kapasite mantal, pou kontinye: 1. Lojikman komnprenn sitiasyon legal ou. Sa vle dit: a. Ou sipoze konnen akizasyon ke yo genyen kont ou. Sa police di ke ou fe. b. Ou sipoze konnen ki sentans posib, ou ki kalite pinisyon pou moun ke yo jwenn koupab de akizasyon sa yo. c. Se pou konen sistèm tribinal la se yon sistèm ki pa nan avantaj ou. Se pou montre ke ou konpren kijen sistèm tribinal la mache, epi sa moun ki travay lan tribinal yo fè. Sa mwen ka fe pou mwen ka genyen kapasite mental pou mwen kontinye e kite lopital la leplivit posib? 1. Kolabore avek tretman. 2. Pran medikaman ke doktè di ke ou bezwen. 3. Se pou sou bon konpotman ou. 4. Patisipe lan group kote yo pale de tribinal epi moun ki len tribinal. Kisa ke mwen bezwen konnen? AKIZASYON MWEN YO Zak kriminel se: ti zak, oubyen zak grav: Ti Zak: Zak ki mwen serye ke zak kriminèl. Tizak yo se kòm: di moun Betiz, monte sou propriyete moun san otorizasyon, atake moun, bay yon moun kou, e kèt trafik kontravansyon. PLIZYÈ KALITE PINISYON Se pou konnen plizyè kalite akizasyons ou moun ke yo jwen koupab de zak ke yo akize. Diferan sòt de zak grav kriminel e maksimòm santans: Diferan pinisyons avek konbyen tan wap pase lan prizon Kondanasyon amò: Zak ki merite mande lanmo, ouben prizon avi. Prizon Avi: Pi gwo santans nan prizon. 1ye -Degre kondanasyon: Santans pou 30an nan prizon. 2e m Degre kondanasyon: Santans pou 15an prizon. 3e m Degre kondanasyon: Santans pou 5an prizon. Lòt kalite pinisyon san pase tan nan prizon Libete ak kondisyon 2. Se pou ka travay avèk avoka defans ou epi prann de desisyon moun ki genyen konpran. Sa vle di: Zak grav: Yo pi serye akizasyon. Let yo akizer ou de zak grav se ou akizasyon serye. Sevis Kominotè Sevis kominotè sou kontrol a. Ou fèt poubay avoka w enfomasyon ekzat e enpotan osiget de ka ou. b. Ou suppose kapab konpote w ou fason akseptab lan tribinal. c. Ou sipoze kapab bay temwayaj e bay prèv lan tribinal pou defann tèt ou, si li nesese. 2 Zak Grav se com: let ou atake fizikman lapolis,otorite, Vol a men ame, Kase kay ki gen moun ladan li, atake yon moun ak vyolans, e vòlè ak Vyolans. 3 Prizon pou 1an ou mwens Tan ki deja pase nan prizon Si yo jwenn ou Pa Koupab: pap gen pinisyon. 4

86 TRIBINAL Sistèm tribinal se yon youn kont lòt. Sa vle di ke gen 2 kotes len ka (pwose., e toulede kote yo eseye genyen pwose ya. Akize (oumen.e avoka defann ou yo sou yon kote,avoka gouvènman lan lot kote ya, sa vle di kont oumenm. JiJ: Kenbe lod lan tribinal Asiré ke tout moun suiv tout règ tribunal la. Jij la pa pou yon ni pou lot. Sa vle di li pa pou okenn kote e li pa ede youn plis ke lot. Pasé santans si yo jwenn akize ya koupab. Mete an libète akize a si desizyon se pa koupab. Deside si akize koupab e si li pa koupab, lè jijman fèt devan jij la san jiri. Avoka gouvèmen oubyen, Avoka defans piblik: Sé avoka ki pou ou, bò kote pa ou. Fè sa ke li kapab pou libere ou. L ap eseye pou bay ou pwoteksyon. L ap eseye pou ka jwen ou santans pi piti, si yo ta jwen ou koupab oubyen ou admèt ke w kou pab. Pèsekitè oubyen Avoka leta: Li kont ou e li pap jem len kote pa w. Travay yo se pou yo pwouve ke ou koupab. 5 Kouman ou ap plede Koupab: Mwen fè zak lan. Pa Koupab: Mwen pa fè zak la. Pa koupab paskemwen fou: Lè zak la te fèt mwen pate byen nan tèt, e mwen pa te konpren ke sa mwen tap fè ya mal. Pa declare ni antò ni pa antò: Mwen pa di ke mwen fe, ou pa fe zak sa.mwen vle ou jij deside sak kap pase len ka m lan. Negosye sou Akizasyon yo Antant ant avoka leta, avoka pa ou, oubyen avoka piblik, epi oumenm. Li nesesè ke jij la dakò avek negosyasyon yo. Li souvan fini yon santans mwens ke sa out ta ka genyen san negosyasyon. Konpòtman nan Tribinal Pendan ke ou nan Lopital Leta Florida nou kontwolé konpòtman ou, pou nou ka konnen si ou pral aji byen len tribinal la: Trankil, dousman, epi Prete Atansyon. Kapasite pou rann temwayaj Ou sipoze kapab pale len fason òganize epi reponn kesyon. Li tre inpotan pou konnen ke ou sipoze di la verite lan tribunal lan, san ke ou pa di ou bagay pou paret koupab (enkriminen tèt ou). 6 LOPITAL LETA FLORIDA KONPKIT Abilite pou pran fòmasyon pou tribinal Abilite pou konprann byen vit enfòmasyon ki lan brochi Poukisa mowen len Lopital Letat Florida? 1. Yo akize ou de yon krime. 2. Jij la evalye ke ou pa pare pou pwosè legal la, Paske Jij la jwenn ou pa kapab kontinye. 3. Jij la pran desisyon sa paske yo evalye ke ou ka genyen ou maladi mental, ki enpeche ou ede avoka w defan ou la len tribinal. 4. Jij len bay lòd pou vin dan Lopital Leta Florida pou ka swiv tretman maladi mental ou et pou ka pran fòmasyon sou sistèm tribinal la.tou sa se pou ka genyen kapasite mental ou pou ka kontinye epi pou ka retounen nen tribinal la. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida October 2010

87 LA CORTE El sistema judicial es adversarial. Eso significa que hay dos lados en el caso y ambos lados intentan ganar el caso. El demandado (usted) y el abogado de defensa están en un lado y el abogado del estado (querellante) está en el otro lado contra usted. El juez: Mantiene orden en la corte. Se asegura de que cada uno siga las reglas de la corte. El juez es neutral o imparcial. Eso significa que él no está a favor de ningun lado y que no ayuda a un lado más que al otro. Dicta la sentencia si el demandado se encuentra culpable. Fija el demandado libre si el veredicto no es culpable. Decide si el demandado es culpable o no culpable cuando no hay jurado. El defensor publico o abogado de defensa: Es el abogado que está para ayudarlo y defenderlo a usted. Hace lo mejor para lograr su libertad. Intenta protegerle. Intenta conseguirle una sentencia reducida si lo encuentran culpable. El fiscal o el abogado del estado: Declaraciones Culpable: Cometí el crimen. No culpable: No cometí el crimen. No culpable por Razón de la locura (NGI): A la hora del crimen, estaba mentalmente enfermo y no entendía que lo qué hacía era incorrecto. Ninguna competencia: No estoy diciendo si cometí o no cometí el crimen. Dejo que el juez decida qué suceda en mi caso. Negocio de la súplica Un arreglo entre el abogado del estado, su abogado o defensor del público, y usted. El juez tiene que convenir con el arreglo de la súplica. Da generalmente una sentencia menos de la que usted hubiese conseguido sin un arreglo de la súplica. Comportamiento ante el tribunal Mientras que usted esté en el hospital del estado de la Florida, estaremos al tanto de su comportamiento para estar seguros de que usted pueda comportarse correctamente ante el tribunal: tranquilo, calmado, y prestando atención. Capacidad de atestiguar Usted debe poder hablar de una manera organizada, calmada y dar respuestas a las preguntas. Es importante saber que usted debe decir la verdad ante el tribunal pero no tiene que decir nada que lo pueda incriminar o hacerse ver culpable. Está en contra de usted y no está de su lado en ningun momento. El trabajo del fiscal es probar que used es cupable. 5 6 HOSPITAL DEL ESTADO DE LA FLORIDA CompKit Recursos de entrenamiento judiciales de la capacidad Capacidad a Proceder Folleto Rápido de los hechos Por qué estoy en el hospital del estado de la Florida? 1. Lo han acusado de un crimen. 2. El juez sintió que usted no estaba listo para el proceso legal. Debido a esto, lo le encontró incompetente para proceder. 3. El juez decidió esto porque él o ella piensa que usted pueda tener una enfermedad mental que le previene a ayudar a su abogado a que lo defienda ante el tribunal. 4. El juez ordenó que usted fuera al Hospital del Estado de la Florida para el tratamiento de su enfermedad mental y para entrenarlo acerca del Sistema Judicial. Este es el modo en que usted pueda recuperar su competencia para proceder e ir de nuevo a la corte. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida October 2010

88 Qué tengo que hacer para ir de nuevo a la corte? Usted debe estar mentalmente competente para poder continuar con su caso ante el tribunal. Esto significa que usted debe demostrar que usted es competente para proceder en la Corte. Ser competente para proceder significa que usted: 1. Entiende su situación legal actual. Esto significa que: a. Usted debe saber los cargos contra usted; qué el policía dice que usted cometió. b. Usted debe saber las sentencias o las penas posibles para una persona encontrada culpable de sus cargos. c. Usted debe entender que el sistema judicial es adversarial, Usted debe demostrar que usted entiende cómo el sistema judicial funciona y lo quehace la gente que trabaja en la corte. 2. Puede ayudar a su defensor publico tomar decisiones sobre su defensa de una manera racional. Esto significa que: a. Usted debe dar la información exacta, necesaria e importante sobre su caso a su abogado. b. Usted debe comportarse apropiadamente ante el tribunal. c. Usted puede atestiguar y dar evidencia ante el tribunal para defenderse, en caso de necesidad. Qué puedo hacer para ser competente para proceder y salir del hospital cuanto antes? 1. Coopere con el tratamiento. 2. Tome la medicación que el doctor le recomienda es necesaria. 3. Esté en su mejor comportamiento. 4. Participe en los grupos donde hablan de la corte y de la gente en la corte. Qué necesito saber? MIS CARGOS Los crímenes son de dos tipos :delitos menores o crímenes Mayores: Delitos menores son menos serios que los crímenes mayores. Los delitos menores son crímenes tales como: callejeando, violando probacion, asalto, daño físico simple, y algúnas ofensas de tráfico. Crímenes Mayores son crímenes más serios. Ser acusado de un crimen mayor es una cuestión muy seria. Los crímenes mayores son crímenes tales como: asalto físico a un oficial de la ley, o a un policia, robo a mano armada, robo de una estructura ocupada, daño físico y asalto agravado. MIS CASTIGOS POSIBLES Usted debe saber cuales son las penas posibles para alguien encontrada culpable de los crímenes de que lo acusan. Los varios tipos de crímenes y de las sentencias que conllevan son: Castigos posibles con tiempo en la prisión CRIMEN CAPITAL: Las penas incluyen muerte o vida en la prisión. CRIMEN DE VIDA: Vida máxima en la prisión CRIMEN DE 1 st GRADO: maximo 30 años en la carcel. CRIMEN DE 2 nd GRADO: Maximo 15 años en la carcel. CRIMEN DE 3 Rd GRADO: Maximum 5 años en la carcel. Castigos posibles sin tiempo en la prisión Libertad condicional Servicio de comunidad Control de la comunidad Encarcelado en la prision del condado(1 año o menos) Tiempo servido Si es encontrado inocente: Ningún castigo

89 Maxaan u baahnahay in aan qabto si aan ugu noqdo maxkamaddii? Waa inuu garaadkagu dhanyahay si aad u hor istaagto maxkamadda. Tani macnaheedu waa inaad muujiso in garaadkaagu dhanyahay si aad dacwad maxakamad isugu taagto. Waa inaad: 1. Si deggan u fahmayso xaaladdaada qaanuun ee wakhtigan la joogo: Tani macnaheedu waa: a. Waa in aad taqaano waxa lagugu soo eedeeyay ee boolisku dhaheen waad samaysay. b. Waa in aad taqaano xariga iyo ganaaxa lagu qaadi karo qofka sameeyay danbigaago kale ee lugu hello. c. Waa in aad fahamsantahay in nidaamka maxakamaduhu yahay mid dhib badan. Waa inaad muujisaa inaad fahmayso sida nidaamka maxakamaddu u shaqayso iyo dadka ka shaqeeya waxay qabtaan. 2. Awood u leedahay inaad la shaqayn karto qareenkaga si deggana go aan uga gaari karto difaacaaga: Tani micnaheedu waxa weeye: a. Waa in aad awooddo inaad qareenkaaga siiso xogta dhabta iyo muhiimka ah. b. Waa in aad muujiso asluub iyo anshax maxkamadda horteedda c. Waa inaad awooddo inaad ka markhaati kacdo iskana difaacdo maxakadda, haddii loo baahdo. Maxaa la iiga baahan yahay inaan sameeyo si aan u noqdo qof awoodiisa garaad dhantahay si u qaabilo dacwadda, ugana baxo cusbitaalka sida ugu dhaqsiyaha badan? 1. Iskaashi la sammee dawaynta 2. Qaado dawadda dhakhtarku yiri waad u bahantay 3. Isku day in aad u dhaqanto asluubta iyo anshaxaaga ugu wanaagsan 4. Ka qaybgal isku imaanshaha laga hadlayo habka maxkamaddaha iyo dadka ka shaqeeya. Maxan u baahnay in aan ogaado? Eedda la igu eedayay Eeduhu waa eed fudud iyo eed culus Eeda fudud waxa wax ay ka ciqaab yartahay eedda culus sidda dulwareeg, iskagalid meel dad leeyahay, weerar fudud, iyo dhaqan xumo. Eedda culus waxa weeye fal danbi culus waa sida danbi samayn, burcadnimo jabsi hantiyeed, kufsi iyo dab qabadsiin/gubid Maxay noqan kartaa ciqaabtaydu Waa in aad taqaano ganaaxa suurtagalka ah ee qofkii lagu helo danbi lamid ah kaaga oo kale ah. Xukunka xabsiga suurtagalka ah Dilka falka xun ciqaabtiisu waa dil ama lagu xiro xabsi daa in aan lahayn dib usoo bax tijaabo. Dil ama kufsasho caruur waa xarig CAPITAL FELONY: Uqu waynaan dhimo ama degganahay xabsi noolaad. LIFE FELONY: Uqu waynaan degganahay xabsi noolaad. 1 st DEGREE FELONY: Uqu waynaan degganahay xabsi 30 sanadood. 2 nd DEGREE FELONY: Uqu waynaan degganahay xabsi 15 sanadood. 3 RD DEGREE FELONY: Uqu waynaan degganahay xabsi 5 sanadood. Qeexid: sheeyaha sida isticmaalka hubka/xabadaha, waxay ku dari kartaa wakhti qasab ah oo dheeraad ah xukunka xabsiga. Ciqaabta suurtagalka ah ee aan lahayn wakhti xabsi: Tijaabo, Adeeg bulsho, ilaalo bulsho, ku xayiird xabsi degmo, amaahin xabsi hore, shaqo u fasaxid. Haddii aan denbi lagu helin: Ciqaab malaha

90 Maxkamadda Nidaamka maxakamaddu waa mid adag/qalafsan. Tani macnaheedu waxaa kiiskiiba ku lug leh labo dhinac oo isku dayaya inay guulaystaan. Isdifaacaha (adiga) iyo qareenka oo dhinac ah iyo xeer ilaaliyaha oo ah dhinaca kaa soo horjeeda. Garsooraha Ilaaliyo habsami u socodka maxkamdda Ilaalinta in qof walba ku soconayo xeerka u yaala maxkamadda Garsooruhu waa dhex dhaxaad labada dhinac dhinacna lama jiro, dhinacna ma caawiyo umana kala eexdo. Fulinta xukunka haddii eedaysanaha lagu helo dabiga Fasaxidda haddii eedaysanaha lagu waayo denbiga. Go aamiyo in eedaysanaha denbiga leeyahay iyo inaanu lahayn marka dacwaddu tahay mid qol maxakamdeed (Xeerbeegti aanay jirin). Qareenka ama qareenka bulsho difaacaha Waa qareenkaaga, dhinacaag jira. Isku dayaa sida ugu wacan inuu ku sii daayo Waxaa uu isku dayaa inuu ku badbaadiyo. waxaa uu isku dayaa in lagaa dhimo xukunka hadii lagugu helo denbiga. Xeer ilaaliyaha Waa ka soo horjeedaa mar walba Ma aha dhinacaaga (kulama jiro). Shaqadiisa ama shaqadeedu waa inuu/inay caddeeyo inaad denbiile tahay 5. Qirashooyinka/Tibaaxidda Danbiile: waan sameeyay denbigan Ma ahi dabiile: maamaan samayn denbigan Ma ahi danbiile: miyir la aan awgeed. (NGRI) xanuun dhimir ayaan qabay mana fahamsanayn waxan sameenaya in ay khalad yihiin Is dhiibid: Waan galay iyo magelin midna oran mayo. Waxaan rabaa inuu garsooruhu go aan ka gaaro kiiska. Gorgortan qirasho/tibaaxid Heshiis dhexmara xeer ilaaliyaha, qareenkaga iyo adiga. Garsooruhu waa inuu oggolaado heshiiska tibaaxa. Badanaa wuxuu keenaa xukun ka yar kii aad heli lahayd gorgortanka la aantiis. Asluubta maxkamadda Intaad ku jirto Florida State Hospital, waan indho in-dheenaynaa sidda ay asluubtaadu tahay si aan u hubino inaad si wanaagsan oo deggan, kuurgal leh ugu dhaqmi doonto maxakamadda. Awoodaada markhaati kacid Waa in aad awoodi karta in aad u hadasho qaab urursan su aalahana ka jawaabi karto. Waa muhiim inaad ogtahay inaad runta sheegto hase ahaatee aand ku qasbanayn inaad wax kasta sheegto oo denbiile kaa dhigaya. 6. FLORIDA STATE HOSPITAL CompKit Ilaha Tababarka Awoodsiinta Maxkamad Istaagidda Kartida Dacwad u istaagidda, Xaqiiqooyin Dhaqso ah Maxan u jooga Dhaqancelinta caafimaadka Florida State Hospital? 1. Waxaa lagugu soo eedeeyay denbi 2. Garsooruhu wuxuu dareemay inaadan diyaar u ahayn wajahidda nidaam hannaan qaanuun. Sababtoo ah garsooruhu wuxuu kugu helay inaadan miyir ahaan awoodin inaad u istaagto dacwad dib u soo noqon karta. 3. Garsooruhu waxaa uu goaamiyey in aad qabto xanuun maskaxda ah oo aanad awoodin in aad cawisso qareenkaga si uu ku difaaco, 4. Garsooruhu waxaa uu amray in xanuunkaaga dhimmirka laguu geeyo xarunta dhaqancelinta Florida State Hospital si laguugu daweeyo la guguna siiyo tababar ku saabsan nidaamka maxakamadaha. Tani waxaa sedan loo yeelay si aad u noqon karto qof awooda inuu dacwad isu taago oo maxakamaddi dib ugu noqdo. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida October 2010

91 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources POCKET GUIDE TO COMPETENCY CompKit was developed in by Florida State Hospital, Chattahoochee, Florida This revision: August 2011

92 WELCOME TO THE POCKET GUIDE TO COMPETENCY The information in this workbook will help you learn what you need to know about the court and what happens to you there. Demonstrating knowledge about competency issues will speed up your return to court and help you have a fair trial. Your understanding of competency issues will be evaluated on an ongoing basis. Why are you at Florida State Hospital? How did you get here? 1. You have been charged with a crime. To be charged means the police suspect you have committed a crime and are holding you for trial. 1. The judge felt that you were not ready to go any further in the legal process. Because of this, the judge found you Incompetent to Proceed. 2. The judge based his or her decision on information from community evaluators (psychologists or psychiatrists) who believed that you might have a mental illness that prevents you from helping your lawyer defend you in court. Having a mental illness could get in the way of you having a fair trial in the judicial system. 4. At some point in the judicial process, everything had to come to a stop due to your possible mental illness. 5. The Judge committed you to Florida State Hospital so that, with treatment and training, you will be Competent to Proceed with the court process. What can I do to be discharged from the hospital as soon as possible? To speed up your discharge, you need to cooperate with treatment staff, take medication if prescribed, have good behavior, participate in treatment and rehab groups, and learn about your charge(s) and the court process. CompKit: Pocket Guide to Competency August 2011 Page 2

93 What are some of the things I need to know to be Competent to Proceed? 1. Know and understand what you have been charged with. 2. Understand the maximum and minimum penalties you could get if you are found guilty. 3. Understand how the court works and the roles of people in the courtroom. 4. Be able to share facts with and trust your attorney. 5. Be able to show good behavior in court. 6. Be able to communicate well so you can provide useful testimony in court. CRIMES AND PENALTIES You have been charged with a crime. In order to be competent to proceed, you need to know what your crime is and how much time it carries. Crimes are listed as either Misdemeanors or Felonies: 1. MISDEMEANORS are not as serious as felonies. They include Loitering, Prowling, Trespassing, Assault, Simple Battery, and some traffic offenses. There are two degrees of misdemeanors: 1 st Degree Misdemeanors - if convicted, you may be sentenced to as much as one year in jail. 2 nd Degree Misdemeanors - if convicted, you may be sentenced to as much as 60 days in jail. 2. FELONIES are more serious crimes. Some of the most serious felonies include Arson, Rape, and Murder. Some other felonies include Burglary, Battery on a Law Enforcement Officer (Battery on a LEO), and Aggravated Assault. The different types of felonies include: Capital Felony carries a penalty of Life in Prison with a minimum of 25 years to be served before being eligible for release. The maximum sentence is Death. Life Felony carries a penalty of Life in Prison with a maximum of 40 years. CompKit: Pocket Guide to Competency August 2011 Page 3

94 1 st Degree carries a maximum penalty of 30 years in prison. 2 nd Degree carries a maximum penalty of 15 years in prison. 3 rd Degree carries a maximum penalty of 5 years in prison. NOTE: People are usually committed to Florida State Hospital only if they are charged with a felony people are not usually committed if they have been charged with only a misdemeanor. If you have been committed here, you probably have been charged with a felony or violation of felony probation. Know the Punishments Other than Prison Sometimes, people do not get sentenced to prison, even if they are found guilty. This often happens if the charge is a less serious (3 rd degree) felony and /or if it is a first offense. You need to know what other things can happen to you besides prison. Some examples are listed below. Probation: For misdemeanors and less serious felonies, you might get probation. This means you are free, but you cannot drink, use drugs, or commit any crimes. You will have to stay in Florida, check in with a probation officer once a month, pay a fee, and possibly have to take drug tests. Community Service: This involves doing work for the county such as volunteering at homeless shelters, cleaning up highways, etc. Community Control: This is like house arrest. You have to be in your home at certain times and have to check in with your probation officer. Sometimes, you have to wear an ankle bracelet so that you probation officer can keep track of where you are. CRIME QUIZ 1. A less serious crime is called a. 2. Misdemeanors are serious than felonies. 3. Misdemeanors carry no more than of jail time. 4. Felonies can carry time in. Answers: 1. Misdemeanors; 2. Less; 3. One year; 4. Prison CompKit: Pocket Guide to Competency August 2011 Page 4

95 Competency Search Find the hidden words. q l d m h c k k c w i c h w f i l n j a e p x k o m b r q s z i p n j t i w f o n g i n i o i w a t k c u p k y e j u r y o v s t m u n a o d r z e n m c i x r d i d x e e s m g o o r d w v o t w f e c e t s e p e b z i a i l j u w g h h t m s h e x a x u n t r w b r f d x k i e h t q t o f t p t r e a t m e n t o a e y i d x e f n i v c r v y f h j n n p o p u b l i c f d e f e n d e r t o n d z q l o i b d s c h a r g e s o r c o m m u n i t y f s e r v i c e n e g u i i t y v m h o s p i t a l n Probation Public Defender Incompetent Charges Felony Jury Hospital Crime Conviction Defendant Witness Judge Misdemeanor Guilty Lawyer ITP Community Service NGI Treatment Court WorksheetFactory.com CompKit: Pocket Guide to Competency August 2011 Page 5

96 THE PEOPLE IN THE COURT ROOM AND THE COURT SYSTEM Before you can be found competent, you need to know who works in the Court and what they do. 1. JUDGE A. The Judge keeps order in court. He or she makes sure you get a fair trial. B. The judge can be thought of as a referee that makes sure everyone follows the rules of the court. Just like a referee, the judge is neutral or impartial, which means he or she is on nobody s side. C. Just like a referee can start and stop a game, the judge can start and stop the trial. He or she also tells people when it s their turn to talk. Like a referee who settles arguments between opposing teams, the judge settles (rules/renders a decision) arguments between the lawyers. The judge can also expel people from court if they get out of line, just like a referee can throw a player out of the game. The judge has other very important responsibilities: He or she passes the sentence if there is a guilty verdict. He or she sets the defendant free if the verdict is not guilty. He or she decides guilt or innocence when there is no jury (during a bench trial). 2. DEFENSE ATTORNEY (PUBLIC DEFENDER) The defense attorney is the lawyer who is on your side in the trial. They are trying to protect you and their goal is to get you free, or if you are found guilty, get a reduced sentence for you. Public defenders are defense lawyers who are appointed by the court when you don t have money to pay for a private attorney. The defense attorney is working for you and is on your side. Before you can be found competent, you must show that you are able to work with your lawyer. While you are at the hospital, your ability to work with your treatment/service team and participate in treatment will be monitored; cooperating with treatment is usually a good sign that you can work with a lawyer. CompKit: Pocket Guide to Competency August 2011 Page 6

97 You need to tell your lawyer your side of the case. Tell him or her what happened in your own words. Your lawyers can t defend you very well if you don t trust or talk to them! 3. PROSECUTING ATTORNEY (STATE ATTORNEY) The prosecuting attorney is also called the state attorney. They present the state s case against you. Their job is to prove to the judge or jury that you are guilty. The prosecuting attorney is working against you and is not on your side. 4. DEFENDANT The defendant is the person who has been charged with a crime. You are the defendant in your criminal case. When you were charged with a crime, the police believed that you committed it. Your job is to work with the public defender to either prove your innocence, or get the lightest possible sentence. If you go to trial, you don t have to testify if you don t want to. This is a basic right of all citizens in the United States, and it is known as the Fifth Amendment. It guarantees that an accused person cannot be forced to testify against himself, and he can choose to remain silent, and he is still believed to be innocent until proven guilty. So if you decide not to talk, you can Plead the Fifth and remain silent. No one can make you testify if you choose not to, not even the judge. 5. JURY The jury is made of 6 to 12 citizens. They are selected from the local community and asked to serve as part of their civic duty. The jury is instructed by the judge to pay attention to everything that goes on in trial. The jury is neutral, impartial, and on nobody s side. The jury listens to both the state attorney and public defender as they present their cases, including evidence and witnesses. The jury decides the verdict: Guilty, Not Guilty, and Not Guilty By Reason of Insanity. You and your lawyer decide if you want a jury present (also known as a jury trial) Because it takes longer to have a jury trial, you may chose to plead you case in front of the judge, without a jury present, and the judge will decide if you are guilty or innocent. This is called a bench trial. CompKit: Pocket Guide to Competency August 2011 Page 7

98 6. WITNESSES A witness is a person who has information that is important to the trial. A witness is supposed to tell the truth, and tell what they saw and heard. A witness can be called by either the public defender or state attorney. If a witness is called by the public defender, it is usually because the public defender believes that witness will help prove that you are innocent. If the state attorney calls a witness, he or she probably believes that witness will make you look guilty. In the court, both sides can question the witnesses, regardless of who called them to the stand. So for example, if the state attorney calls someone to the stand that makes you look bad, then your public defender gets a chance to poke holes in their testimony (cross-examination). OVERVIEW OF THE COURT SYSTEM As mentioned before, the judge is like a referee, and the trial is like a sporting competition with two side that are trying to win. This is why our court system is know as an adversarial system, because both lawyers fight it out and the judge and jury decide who is right. In order to be effective at winning, you, the defendant, must know who is on your side. Remember that the public defender is on your side and you must be able to work with him or her in order to win. JUDICIAL QUIZ 1. A judge is like a. 2. The is a defense attorney appointed by the court when you have no money. 3. The public defender tries to you. 4. The prosecuting attorney tries to prove you are. 5. The jury decides if you are or. 6. A witness provides that is important to the trial. 7. You have to be able to with your attorney. Answers: 1. Referee; 2. Public Defender; 3. Help; 4. Guilty; 5. Guilty or Innocent; 6. Evidence/Testimony; 7. Work CompKit: Pocket Guide to Competency August 2011 Page 8

99 HOW YOU SHOULD ACT IN COURT In court, appearances are very important. Dress your best. Wear you best clothes. Be neat and clean. Make sure you take a bath, have your hair neat and combed. Be polite and quiet in court. Be seated when everyone else is and rise only when asked to. Do not let your behavior disrupt the trial. Speak in a low voice to your attorney. Listen to what the witnesses for the prosecution are saying. If someone tells a lie about you, don t yell out or object. Lean over and tell your attorney or write him or her a note about it so he or she can handle it. Your lawyer is supposed to do all the talking for you! THINGS YOU POSITIVELY DO NOT WANT TO DO: Don t show up looking sloppy, dirty, or under the influence of drugs or alcohol! Don t fail to appear they can put a warrant out for your arrest if you fail to appear! Don t speak out of turn or interrupt! Don t yell out responses! Never raise your hand and ask if you can talk! Don t act like people do on court shows! These people speak out of turn, interrupt, and talk back to the judge in real life these people could be thrown in jail for how they act! Don t lie! If you get caught, you can be charged with Perjury, which means more jail or prison time. It s better to say nothing (plead the Fifth) than lie. REMEMBER: IF YOU DO NOT ACT RIGHT IN COURT THE JUDGE CAN FIND YOU IN CONTEMPT OF COURT AND CAN THROW YOU IN JAIL!!!! COURTROOM QUIZ 1. You should dress your when you go to court. 2. Be polite and in court. 3. If someone lies about you, you should the correct answer to your lawyer.? Answers: 1. Best; 2. Quiet; 3. Whisper/write down; CompKit: Pocket Guide to Competency August 2011 Page 9

100 PLEAS Before you can be found competent, you must know the 4 pleas, what happens when you make each plea, and you must know what a plea bargain is. Based on what you tell your lawyer, they will give you advice about how to plead. You should carefully consider and listen to your lawyer s advice. There are four pleas that you can enter. GUILTY You admit you did the crime. You give up your Fifth Amendment right not to incriminate yourself. If you plead guilty, you will be sentenced. NOT GUILTY You are saying that you did not do what you are charged with. You go to trial in court. If you win at the trial, you go free. If you lose, you get sentenced! NOT GUILTY BY REASON OF INSANITY (NGI) This is a special plea that says you are not guilty because you didn t know the difference between right and wrong at the time of the crime due to a mental illness. You may have to go to court to prove this, or it is sometimes part of a plea bargain. If you prove you were NGI, you will most likely go to a mental hospital for treatment. You will stay in the hospital until the judge feels you ve had enough treatment and are ready to go back into the community. This can sometimes take several years and can last longer than a prison sentence for the crime. NO CONTEST (NOLO CONTENDERE) You don t fight the charges. You don t say you did the crime and you don t say you didn t do the crime. You let the judge decide. When you enter this plea, the courts will treat you as if you pleaded guilty and you will be sentenced. This plea is usually used when there might be a civil suit as a result of the incident for which you were arrested. PLEA BARGAIN This is a deal between the state attorney, your lawyer, and you. The state attorney, your lawyer, you and the judge must agree to the bargain in order for it to happen. Your lawyer may tell you to accept a plea bargain. About 9 out of 10 criminal cases in Florida are resolved by plea bargaining. CompKit: Pocket Guide to Competency August 2011 Page 10

101 In a plea bargain, you agree to plead guilty or no contest to a charge that is not as serious as your original charge OR you agree to plead guilty or no contest to your original charge, but you are guaranteed less time (e.g. probation, time served, etc.). This is an easy way to remember it: you plead guilty or no contest in order to get less time. State attorneys usually like to agree to a plea bargain because the courts are overloaded with cases, and plea bargaining is one way to settle cases quickly. It also gives them a conviction, which makes it look like they are doing a good job. PLEA QUIZ 1. The four pleas are guilty, not guilty,, and. 2. If I plead or, I will be sentenced. 3. If I plead and the judge or jury agrees, I will probably be sent to the hospital. 4. If I plead, I will go to trial. If I win, I go free; if I lose, I will be sentenced. 5. In a plea bargain, I will plead or, in order to get less. Answers: 1. No contest, Not Guilty by Reason of Insanity 2. Guilty, No Contest 3. Not Guilty by Reason of Insanity 4. Not Guilty 5. Guilty, No Contest, time CompKit: Pocket Guide to Competency August 2011 Page 11

102 OVERALL REVIEW: WHAT DO I KNOW? 1. What am I charged with? 2. Is it a misdemeanor or felony? 3. How much time could I get if I m found guilty? 4. Which lawyer is trying to help me? 5. Which lawyer is trying to convince the jury that I am guilty? 6. What does the judge do in court? 7. Who is supposed to decide whether I am guilty, not guilty, or not guilty by reason of insanity? 8. What does a witness do in trial? 9. Should I trust my lawyer? 10. How can I help my lawyer defend me? 11. If I hear a witness give wrong information, how do I let my lawyer know? 12. How should I act in court? 13. List the four pleas: 14. If you agree to a plea bargain, what are the pleas you usually enter? 15. Who is the defendant in your case? CompKit: Pocket Guide to Competency August 2011 Page 12

103 HOSPITAL DEL ESTADO DE LA FLORIDA CompKit Recursos de entrenamiento judiciales de la capacidad FOLLETO DE LA CAPACIDAD PARA PROCEDER CompKit fue escrito en por Hospital del Estado de la Florida, Chattahoochee, Florida. Esta revision: Agosto 2011

104 BIENVENIDO AL FOLLETO DE LA CAPACIDAD A PROCEDER La información en este folleto le ayudará a aprender lo que necesita saber acerca de la corte y lo que le pasa ahí. Demostrando conocimiento acerca de la capacidad de proceder, acelerará su regreso a la corte y poder tener un juicio justo. Su entendimiento acerca de la capacidad a proceder será evaluado continuamente. Por qué esta en el hospital del estado de la Florida? Como Llegó? 1. Lo han acusado de un crimen. Ser acusado quiere decir que la policía sospecha que ha cometido un crimen y esta detenido por un juicio. 2. El juez sintió que usted no estaba listo para el proceso legal. Debido a esto, el juez le encontró incompetente para proceder. 3. El juez basó su decisión en información de evaluadores de la comunidad (psicólogos y psiquiatras) que creyeron que usted pueda tener una enfermedad mental que le impide ayudar a su abogado a que lo defienda en la corte. Tener una enfermedad mental puede impedir que tenga un juicio justo en el sistema judicial. 4. A un punto en el procedimiento jurídico, todo tuvo que detenerse por su enfermedad mental. 5. El juez lo cometió al hospital del estado de la Florida para que con tratamiento y entrenamiento, pueda recuperar su competencia para proceder con el proceso de la corte. Qué tengo que hacer para ser dado de alta del hospital lo mas pronto posible? Para acelerar su dada de alta, tendrá que cooperar con los empleados de tratamiento, tomar sus medicinas si son prescritas, tener buen comportamiento, participar en grupos de tratamiento y rehabilitación, aprender su cargo (o cargos) y el proceso de la corte. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 2

105 Cuáles son algunas de las cosas que debo saber para ser competente para proceder? 1. Saber y entender los cargos contra usted. 2. Entender las sentencias más altas y bajas que una persona con sus cargos puede recibir. 3. Entender como las cortes funcionan y los papeles de la gente en la corte. 4. Poder revelar los hechos y confiar en su abogado. 5. Demostrar buen comportamiento en la corte. 6. Demostrar una buena capacidad de comunicación para proveer testimonio relevante en la corte. CRIMENES Y SENTENCIAS Ha sido acusado de un crimen. Para poder ser competente para proceder, tendrá que entender su crimen y la clase de sentencias que conllevan. Los crímenes son de dos tipos: delitos menores o crímenes Mayores. 1. Delitos menores nos menos serios que los crímenes Mayores. Los delitos menores son crímenes tales como: callejeando, violando probación, asalto, daño físico simple, y algunas ofensas de tráfico. Hay dos clases de delitos menores: o Delitos menores de primer grado si es encontrado culpable, podría ser sentenciado hasta un año de cárcel. o Delitos menores de segundo grado si es encontrado culpable, podría ser sentenciado hasta 60 días en la cárcel. 2. Crímenes Mayores son crímenes más serios. Algunos de los crímenes mayores más serios son: robo a mano armada, robo de una estructura ocupada, asalto físico de un oficial de la ley y asalto agravado. Las diferentes clases de crímenes mayores son: o Crimen capital: las penas incluyes vida en prisión con un mínimo de 25 años de sentencia antes de ser considerado por libertad condicional. La sentencia mas alta es la pena de muerte. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 3

106 o Crimen de vida tiene una pena de cadena perpetua con un máximo de 40 años. o Crimen de 1er grado tiene una sentencia máxima de 30 años en la cárcel. o Crimen de 2do grado tiene una sentencia máxima de 15 años. o Crimen de 3er grado tiene una sentencia máxima de 5 años. Nota: las personas son internadas en el hospital del estado de la Florida cuando son acusadas de un crimen mayor es muy raramente que una persona sea internada cuando es acusada de un delito menor. Si usted a sido internado, es posible que sea acusado de un crimen mayor o violación de libertad condicional por crimen mayor. Sepa los Castigos en Vez de la Prisión Algunas veces, las personas no son sentenciadas a la prisión así sean encontradas culpables. Esto suele ocurrir cuando los cargos es un crimen mayor de 3er grado que no sea tan serio y/o es la primera ofensa. Libertad condicional: por delitos menores y crímenes mayores menos serios, le pueden sentenciar liberatd condicional. Esto quiere decir que es libre pero no puede beber, usar drogas, o cometer crímenes. Tendrá que permanecer en Florida, tener reuniones con un oficial de Libertad condicional una vez al mes, pagar una multa, y posiblemente ser sometido a pruebas de drogas. Servicio de comunidad: esto quiere decir trabajo para el condado como ser voluntario a un asilo de desamparados, limpiando carreteras, etc. Control de comunidad: esto es como arresto domiciliario. Tiene que estar en su hogar y reportarse con su oficial de libertad condicional. Algunas veces tendrá que usar un censor en su tobillo para que el oficial de libertad condicional pueda saber donde esta usted. Examen del Crimen 1. Un crimen menos serio se llama. 2. Delitos menores son serios que los crímenes mayores. 3. Delitos menores tienen una sentencia de. 4. Personas acusadas de crímenes mayores cumplen su sentencia en. Respuestas: 1. delito menor; 2. menos; 3. menos de un año; 4. prisión CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 4

107 Búsqueda de Competencia Encuentra las Palabras Escondidas W X W O I O D Y Q M X C S D R L Y K G Q P N E P G O Q C W L H R T I Y N E D L R J N W I H M A V T D Z M N T I O P D V Q L Q P S T Y I E Q D T O P X H F H W E W A R V N N P O V O O U B B T G F C A S Y K P S C D T R A T A M I E N T O P A T A A U G F T R H I A C I R H P G O B W H C V Y P Z T G G T E S G N O R K Y Z P A O O X G L U W Q I G O T E L S K Y I R H J S W V V A H U Y K W A J P E T L B A W R D J T W S Y S X C P K B E C C V O L Q P F E J D Q ABOGADO CARGOS CORTE CRIMEN DELITO HOSPITAL JUEZ JUSGADO TESTIGO TRATAMIENTO CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 5

108 LAS PERSONAS EN LA CORTE Y EL SISTEMA JUDICIAL Antes de que sea competente para proceder, usted debe saber quien trabaja en la corte y lo que hacen. 1. JUEZ A. El juez mantiene el orden el la corte. El o ella se asegura que tenga un juicio justo. B. El juez puede ser considerado un referee que se asegura que todos sigan las leyes de la corte. Como un referee, el juez es neutral o imparcial, que quiere decir que no esta a favor de nadie. C. Como un referee puede empezar o terminar un juego, el juez puede empezar y terminar un juicio. El o ella dice a la gente cuando es su turno de hablar. Como un referee que arregla las discusiones entre equipos opuestos, el juez arregla (da una decisión) discusiones entre abogados. El juez también puede sacar a la gente de la corte si no se comportan bien, como un referee expulsa a un jugador del juego. El juez tiene otras responsabilidades muy importantes: El o ella pasa la sentencia si el veredicto es culpable. El o ella deja al dependiente libre si el veredicto es no culpable. El o ella decide culpabilidad o inocencia si no hay jurado. 2. EL DEFENSOR PUBLICO O ABOGADO DE DEFENSA El abogado de defensa es el abogado que está de su lado en el juicio. Ellos tratan de defenderlo y su propósito es que usted quede libre o si lo encuentran culpable, que tenga una sentencia reducida. Los defensores públicos son abogados de defensa que son contratados por la corte cuando usted no tiene dinero para pagar por un abogado privado. El abogado de defensa trabaja para usted y está de su lado. Antes de que sea competente para proceder, usted debe demostrar que puede trabajar con su abogado. Cuando esté en el hospital, su habilidad de trabajar son su equipo de tratamiento y participar en su tratamiento será monitoreado. Cooperar con el tratamiento es una buena señal que puede trabajar con su abogado. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 6

109 Usted tiene que contar a su abogado su lado de la historia. Explíquele lo que pasó con sus propias palabras. Sus abogados no lo pueden defender bien si usted no confía en ellos o se comunica! 3. El FISCAL O EL ABOGADO DEL ESTADO El fiscal también se llama el abogado del estado. El demuestra el caso del estado en contra de usted. El trabajo del fiscal es probar al juez que usted es culpable. El fiscal trabaja en contra de usted y no esta de su lado. 4. EL ACUSADO El acusado es la persona que a sido acusada de un crimen. Usted es el acusado es su caso criminal. Cuando fue acusado de su crimen, la policía creyó que usted lo cometió. Su trabajo es colaborar con el defensor público para probar su inocencia o tener la sentencia mas baja posible. Si va al juicio, usted no tiene que testificar si no quiere. Este es un derecho básico de todos los ciudadanos de los Estados Unidos y se llama la Quinta Enmienda. Garantiza que una persona acusada no puede ser forzada a testificar en contra de si mismo, puede decidir no hablar y todavía puede ser considerado inocente hasta ser probado culpable. Así que si decide no hablar, puede pedir la Quinta Enmienda (Plead the fifth) y no hablar. Nadie lo puede obligar a testificar; ni siquiera el juez 5. EL JURADO El jurado consiste de 6 o 12 ciudadanos. Son seleccionados de la comunidad local y requeridos a servir como su deber civil. El jurado es instruido a juzgar y tomar atención a todo lo que pasa en el juicio. El jurado es neutral, imparcial y no esta de lado de nadie. El jurado escucha al fiscal y al abogado defensor mientras presentan sus casos, incluyendo evidencia de los testigos. El jurado decide el veredicto: culpable, no culpable y no culpable por razón de la locura. Usted y su abogado deciden si quiere un jurado presente. Ya que toma mucho mas tiempo para terminar un juicio con jurado, usted puede decidir a implorar su caso en frente del juez sin un jurado presente y el juez decidirá si usted es culpable o inocente. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 7

110 6. TESTIGOS Un testigo es una persona que tiene información importante acerca el juicio. Se supone que un testigo debe decir la verdad y explicar lo que vió y oyó. Un testigo puede ser llamado por el fiscal o el defensor público. Si un testigo es llamado por el defensor público, usualmente es porque el o ella cree que el testigo ayudara a probar que usted es inocente. Si el fiscal llama a un testigo, el o ella cree que el testigo lo hará lucir culpable. En la corte, los dos lados pueden interrogar a los testigos, sin importancia de quien los llamó. Por ejemplo, si el fiscal llama alguien que lo hace lucir mal, su defensor público tiene la oportunidad de cuestionar la credibilidad del testimonio de este testigo. UNA VISTA DEL SISTEMA JUDICIAL Como fue mencionado antes, el juez es como el referee y el juicio es como un juego de deportes con dos lados que tratan de ganar. Por eso, nuestro sistema judicial se llama un sistema adversario porque los dos abogados se enfrentan y el juez decide quien tiene la razón. Para ser eficaz al ganar, usted, el acusado, debe saber quien esta de su lado. Recuerde que el defensor público esta de su lado y usted debe trabajar con el o ella para ganar. EXAMEN JUDICIAL 1. El juez es como un. 2. Un es un abogado proveído por la corte cuando usted no tiene dinero. 3. El defensor público trata de. 4. El fiscal trata de probar que usted es. 5. El jurado decide si usted es o. 6. Un testigo provee importante para el juicio. 7. Usted debe poder con su abogado. Respuestas: 1. Referee; 2. defensor público; 3. ayudarlo; 4. culpable; 5. culpable o inocente; 6. evidencia/testimonio; 7. colaborar. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 8

111 COMO DEBE COMPORTARSE EN LA CORTE En una corte, la apariencia es muy importante. Debe vestirse lo mejor que pueda. Use su mejor ropa y luzca limpio. Asegúrese de bañarse y tener su pelo organizado y peinado. Compórtese bien y no levante la voz. Siéntense cuando todos estén sentados y levántense cuando sea requerido. No deje que su comportamiento sea una distracción durante el juicio. Hable con una voz muy baja con su abogado. Escuche lo que dicen los testigos del fiscal. Si alguien dice una mentira sobre usted, no grite o la niegue. Acercase a su abogado y dígaselo o escriba una pequeña nota para que el o ella se encargue. Su abogado esta encargado de hablar por usted. COSAS QUE NO DEBE HACER BAJO NINGUNA CIRCUMNSTANCIA No llegue vestido mal, sucio o bajo la influencia de drogas o alcohol. No falte al juicio pueden poner una orden por su arresto si falta. No hable cuando no le toque o interrumpa. No grite respuestas. No levante la mano y pregunte si puede hablar. No actúe como la gente lo hace en programas de televisión! Esta gente habla cuando no les toca, interrumpen y son groseros con el juez. En la vida real, esta gente puede acabar en la cárcel por la forma en la que se comportan. No mienta. Si la corte se da cuenta, lo pueden acusar de Perjurio que quiere decir más tiempo en prisión. Es mejor no decir nada (Quinta Enmienda) que mentir. ACUERDESE: SI SE COMPORTA MAL EN UNA CORTE, EL JUEZ PUEDE PONERLO EN CONTEMPT OF COURT (DESCATO AL TRIBUNAL) Y LO METEN EN LA CARCEL! EXAMEN DE LA CORTE 1. Debe vestirse cuando va a la corte 2. Hable con voz cuando este en la corte. 3. Si alguien dice una mentira sobre usted, la respuesta correcta a su abogado. Respuestas: 1. Bien; 2. baja; 3. dígaselo a su abogado o escriba una nota. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 9

112 SUPLICAS Antes de lo puedan encontrar competente para proceder, debe saber las 4 súplicas, lo que pasa cuando escoge cada suplica, y que es un negocio de súplica. Basado en lo que le dice a su abogado, ellos le aconsejaran como suplicar. Debe considerar muy con mucha atención el consejo de su abogado. Hay cuatro súplicas que puede escoger. CULPABLE Usted admite que cometió el crimen. Desiste su derecho de la Quinta Enmienda de no incriminarse. Si se declara culpable, será sentenciado. NO CULPABLE Usted dice que no hizo lo que le están acusando. Va al juicio. Si gana, esta libre. So pierde, será sentenciado. NO CULPABLE POR RAZON DE LA LOCURA (NGI) Esta es una suplica especial que dice que usted no es culpable porque so sabia la diferencia entre el bien y el mal al tiempo del crimen por una enfermedad mental. Tendrá que ir a la corte para probar esto o es parte de un negocio de suplicas. Si prueban que usted es NGI, ira a un hospital mental por tratamiento. Estará en el hospital hasta que el juez decida que ha tenido suficiente tratamiento y esta listo para regresar a la comunidad. Esto puede tomar algunos años y puede tomar mas tiempo que una sentencia en la cárcel. NINGUNA COMPETENCIA (NOLO CONTENDERE) No discute los cargos. Usted no dice que cometió el crimen o que no lo cometió. Deja que el juez decida. Cuando escoge esta súplica, la corte asumirá que ha hecho una súplica de culpable y será sentenciado. Esta súplica es usada cuando hay un caso civil resultado por el incidente por lo que fue arrestado. NEGOCIO DE SUPLICA Este es un trato entre el fiscal, su abogado y usted. El fiscal, su abogado, usted y el juez deben aceptar el trato para que pase. Su abogado le puede decir acerca de el negocio de súplica. Nueve de cada 10 casos en Florida son resueltos a través de negocios de súplica. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 10

113 En un negocio de súplica, usted se declara culpable o ninguna competencia a un crimen que no sean tan serio como su crimen original o se declara culpable o ninguna competencia a su crimen original y es garantizado menos tiempo en prisión (libertad condicional, servicio a la comunidad, etc). Esta es una forma fácil de recordar: se declara culpable o ninguna competencia para que le den menos tiempo. A fiscales les gusta que pida un negocio de súplica porque las cortes están llenas de casos y un negocio de súplicas es una forma fácil de resolver un caso rápidamente. También obtiene una convicción que les hace lucir bien en su trabajo. EXAMEN DE SUPLICAS 1. Las cuatro suplicas son culpable, inocente, y. 2. Si se declara o, será sentenciado. 3. Si se declara y el juez o jurado están de acuerdo, iré al hospital. 4. Si me declaro. Iré a juicio. Si gano, quedo libre; si pierdo, seré sentenciado. 5. En un negocio de suplica, me declararé o para obtener menos. Respuestas: 1. ninguna competencia, no culpable por razón de la locura 2. Culpable, ninguna competencia 3. No culpable por razón de la locura 4. No culpable 5. Culpable, ninguna competencia, tiempo. CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 11

114 EXAMEN GENERAL: QUE DEBO SABER? 1. De qué soy acusado? 2. Fue un crimen mayor o menor? 3. Cuánto tiempo en estaré en prisión si soy culpable? 4. Qué abogado trata de ayudarme? 5. Qué abogado trata de convencer al jurado que soy culpable? 6. Qué hace el juez durante un juicio? 7. Quién decide si soy culpable, no culpable o no culpable por razón de locura? 8. Qué hace un testigo? 9. Debo confiar en mi abogado? 10. Cómo puedo ayudar a mi abogado a defenderme? 11. Si escucho que un testigo da información incorrecta, cómo le digo a mi abogado? 12. Cómo debo comportarme en la corte? 13. Liste las cuatro súplicas: 14. Si se acepta un negocio de súplica, cómo se puede declarar? 15. Quién es el acusado en su caso? CompKit: Folleto de la Capacidad para Proceder Agosto 2011 Página 12

115 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources COMPETENCY CLASSROOM WORKBOOK FFoorr Claassssrroooom Ussee Onnl lyy This is the Competency Workbook of: (name) Introduction You are at the Florida State Hospital at Chattahoochee Florida because the judge has found you "Incompetent To Proceed. This means: 1) The judge believed that you suffer from a mental illness and 2) The judge believed that, because of your mental illness: you do not understand your current legal situation and/or you are not able to go through the criminal court process with rational understanding of the process. This Workbook gives you information about the law and courtroom procedures. You must learn this information to do well in treatment and get out of the hospital. Your Florida State Hospital psychologist and your Service Team will decide when they believe you are ready to leave the hospital and go back to Court. When that happens, the psychologist will send a report to the judge, your lawyer, the prosecuting lawyer, and others responsible for helping continue your care after you leave Florida State Hospital. October 2010 This workbook is adapted from original materials developed by Colorado Mental Health Institute

116 Table of Contents Lesson 1 Things you will want to remember about your legal case 3 Lesson 2 What is incompetent to proceed 5 Lesson 3 Understanding roles, where people sit 7 Lesson 4 Understanding roles, what people do 9 Lesson 5 Understanding court procedure, proceedings 12 Lesson 6 Understanding court procedure and pleas 15 Lesson 7 Court procedure, outcomes 17 Lesson 8 Relating to your attorney 19 Lesson 9 Appreciate charges 21 Lesson 10 Realistically consider a legal defense 22 Lesson 11 Appropriate courtroom behavior 24 Lesson 12 Sharing information with your lawyer and participating In defense strategy 25 Lesson 13 Appreciate the possible penalties 26 Lesson 14 Be able to describe relevant facts 27 Lesson 15 Be able to challenge witnesses 28 Lesson 16 Testify relevantly 29 Lesson 17 Likely outcome of trial 30 Lesson 18 Motivation for self-defense 31 Lesson 19 Review 32 CompKit: Competency Classroom Workbook October 2010 Page 2

117 Lesson 1 Things you will want to remember about your legal case You will want to remember this information. You will be tested on this later. 1. The letters "ITP" stand for "Incompetent To Proceed." 2. You have been charged with (accused of) 3. This means 4. The charges were filed in: the Circuit Court of County, the Judicial District, Case No.. 5. You are facing a possible maximum sentence of up to 6. The judge who sent you here is the Honorable. He ruled that you were incompetent on (date):. CompKit: Competency Classroom Workbook October 2010 Page 3

118 Self Test for Lesson 1 Question 1: What does ITP mean? Question 2: What are you charged with? Question 3: What is the maximum sentence you are facing? Question 4: What is the name of your attorney? Question 5: What is the name of your psychologist? Question 6 Choose true or false? You can go back to court without a report from the hospital. Answer: false Question 7 How do you contact your attorney? Question 8 The letters ITP mean (choose one): a. Nothing b. Incompetent To Proceed c. In Treatment Plan Answer: b CompKit: Competency Classroom Workbook October 2010 Page 4

119 Lesson 2: What is "Incompetent to Proceed?" You may find the term Incompetent to Proceed confusing. The words have nothing to do with whether you are intelligent or not, or whether you are able to hold a job or take care of your money. The word "incompetent" means "can't" "not able to" or "not capable of." If you are incompetent to play baseball you are not able to play baseball. "Incompetent to proceed" means "incompetent to proceed with your trial." You will not go back to court until you become competent. The Constitution of the United States guarantees your right to a fair trial. If you can not have a fair trial, you won't be allowed to have a trial. The Supreme Court says that you must have "sufficient present ability to consult with your lawyer with a reasonable degree of rational understanding" to have a fair trial. If you don't have this "ability" and the judge won't let you go to trial, you are "incompetent to proceed." The judge is the person who finds you incompetent, usually after a doctor recommends this. IN SUMMARY, (1) YOU ARE INCOMPETENT TO PROCEED IF YOU CAN'T UNDERSTAND SOMETHING IMPORTANT YOU NEED TO KNOW TO DEFEND YOURSELF IN COURT OR CAN NOT THINK, SPEAK, OR UNDERSTAND RATIONALLY. (2) YOU WON'T HAVE A TRIAL UNTIL YOU ARE FOUND COMPETENT. (3) ONLY THE JUDGE CAN FIND YOU COMPETENT. CompKit: Competency Classroom Workbook October 2010 Page 5

120 Self Test for Lesson Two Question 1: What is Incompetent to Proceed? Answer: You are incompetent to proceed if 1) you can't understand something important you need to understand to defend yourself in court or 2) you can not think, speak, or understand rationally. Question 2: Incompetent to Proceed means (choose one): a. Your constitutional rights are violated b. Your lawyer got together with the State s Attorney to make a deal to get you out of jail c. You don't understand what you need to understand to defend yourself in court or can not think, speak, or understand rationally. Answer: c Question 3: You can go to trial on the charges (Choose one): a. Whenever you want b. Never c. After being found competent by the doctor d. After being found competent by the judge Answer: d CompKit: Competency Classroom Workbook October 2010 Page 6

121 Lesson 3: Understanding roles, where people sit You can't be competent in baseball if you don't know the difference between a pitcher and a catcher. You can't be competent in court if you don't know the difference between a public defender and a prosecuting attorney or State s Attorney. This lesson will concentrate on "who does what" and what some words mean. Self Test for Lesson 3: Below is a drawing of a courtroom. On this drawing, you show or write: 1. Where does the judge sit? 2. Where does the jury sit? 3. Where will you sit? 4. Where will your lawyer sit? 5. Where will the State s Attorney (prosecutor) sit? 6. Where will the witness sit to testify? 7. Where do the people watching the trial sit? CompKit: Competency Classroom Workbook October 2010 Page 7

122 Lesson 4: Understanding roles, what people do Here are some jobs that people have: Judge ("The Bench", "Your Honor," "The Court") - The boss of the court. The judge: (1) Decides about rules of law (example: "That evidence is not admissible"). (2) Issues orders (example: "I order an evaluation for competency"). (3) Instructs the jury about the law. (4) Sets dates for hearings and trials. (5) Decides guilt or innocence in a bench trial (if you choose not to have a jury trial). (6) Decides on a penalty or sentence if you are found guilty (in most cases). Lawyer (attorney, counselor) -A person with a law degree who knows a lot about the law and courtroom rules and how to argue a case in court. Defender (defense lawyer, defense attorney, public defender, "PD") A lawyer on your side Is paid to defend you Is to prove that you are not guilty Is to try to get you off easy Is to get you a light penalty if you are found guilty. Prosecutor (Prosecuting attorney, prosecuting lawyer, state s attorney, D.A.) A lawyer against you Is paid to prosecute you Is to prove that you are guilty Is to get you get a hard or heavy penalty if you are found guilty. Witness -A person who may know something about what you did or didn't do. A witness will testify from the witness stand, answering questions asked by both lawyers. Expert Witness - A person who is accepted by the court as an expert about a particular subject. For example, psychiatrists and psychologists testifying are usually considered expert witnesses, even if you think they are wrong. Bailiff - An employee of the court who keeps order and announces events. Clerk - An employee of the court who acts as a secretary for the judge and keeps track of what's going on, schedules work, and so forth. Recorder - A person who makes a word for word record (a transcript) of everything official that goes on during a hearing or trial. CompKit: Competency Classroom Workbook October 2010 Page 8

123 Jury -A group of people (usually 6 or 12 persons) who sit in the court room, hear the testimony and evidence, and make a decision if you are "guilty" or "not guilty." All have to agree. Here are some words that you might hear in court and what they mean: Court (courtroom) - Place where the hearings and trials happen. Trial -An occasion when the court, with or without a jury, decides if you are guilty or not guilty, and decides on the penalty. Hearing -An occasion when a judge officially hears witnesses testify and officially hears the lawyers' arguments about the case, not directly hearing evidence about guilt or innocence. CompKit: Competency Classroom Workbook October 2010 Page 9

124 Self Test for Lesson 4 GENERAL QUESTIONS Question 1: What does the judge do during the trial? Answer: (1) Decides about rules of law (example: "That evidence is not admissible"). (2) Issues orders (example: "I order an evaluation for competency"). (3) Instructs the jury about the law. (4) Sets dates for hearings and trials. (5) Decides guilt or innocence in a bench trial (if you choose not to have a jury trial). (6) Decides on penalty or sentence if you are found guilty (in most cases). Question 2: What does the jury do? Answer: Finds the defendant guilty or not guilty Question 3: What will the State s Attorney (prosecutor) do? Answer: Try to put you in jail or have you pay a big fine Question 4: What do the witnesses do? Answer: They answer questions about the case Question 5: What do people watching the trial do? Answer: They sit and watch the trial Question 6: What will your lawyer do? Answer: Defend you, show the charges against you are not true. CompKit: Competency Classroom Workbook October 2010 Page 10

125 MULTIPLE CHOICE (Circle One) 1. A place where the hearings and trials happen: a. the hospital b. the D.A.'s office c. the court (courtroom) 2. A person who knows a lot about laws and courtroom rules and how to argue a case in court: a. lawyer b. bailiff c. recorder 3. An employee of the court who keeps order and announces events. a. witness b. lawyer c. bailiff 4. A person who makes a word for word record called a transcript of everything official that goes on during a hearing or trial. a. recorder b. clerk c. lawyer 5. A lawyer who is paid to defend you. a. prosecuting attorney b. the judge c. public defender 6. A person who may know something about what you did or didn't do. a. lawyer b. witness c. bailiff 7. An employee of the court who acts as a secretary for the judge and keeps track of what is going on, schedules, and so forth a. recorder b. bailiff c. clerk CompKit: Competency Classroom Workbook October 2010 Page 11

126 8. A person whose testimony is accepted as evidence in the court. a. secretary b. judge c. expert witness 9. A lawyer who is paid to prosecute you, to prove that you are guilty and get a hard or heavy penalty if you are guilty a. State s Attorney b. defense attorney c. judge 10. An occasion when the judge officially hears witnesses testify and the lawyers arguments about the case is a a. trial b. hearing c. court Answers: 1) c 2) a 3) c 4) a 5) c 6) b 7) c 8) c 9) a 10) b CompKit: Competency Classroom Workbook October 2010 Page 12

127 Lesson 5: Understanding court procedure, proceedings There are several things you need to know about court proceedings. 1. You are accused of doing something wrong, a violation of the law. 2. The State s Attorney filed charges with the court. 3. The "charge" is written on a piece of paper and says what law you are accused of breaking. 4. You are called a "defendant" when you are charged. 5. If you plead "not guilty" there will be a trial to determine if you are guilty or not guilty. The procedure is set up as "The State" against you or The People against you. 6. In a trial the judge (or jury, if you have a jury trial) decides if you really did commit a crime. 7. You have a defense lawyer to help you. He or she tries to prove you are not guilty, or, if you are found guilty, that you should get a light or easy penalty or sentence. 8. The state will have a prosecuting lawyer (State s Attorney) to argue against you. He or she will try to prove that you are guilty, that what you did was very bad, and that you deserve a hard or heavy sentence. 9. The State s Attorney may ask witnesses to testify. The State s Attorney will ask questions of witnesses to try to get evidence that you did what you are charged with. The Public Defender (defense attorney) may ask those same witnesses questions to try to prove you did not do what you are charged with. 10. The defense attorney may ask witnesses to testify. The defense attorney will ask questions of the witness to try to get evidence that you did NOT do the crime with which you are charged. The prosecuting lawyer (State s Attorney) may ask those same questions to try to prove you DID do the crime with which you are charged. 11. In a trial of your guilt, the State has the "burden of proof." It is up to the prosecution to prove that you are guilty. You don't have to prove you are not guilty. You only need to show that the prosecution did not prove you are guilty. Officially, you are considered not guilty until the prosecutor proves that you are guilty. 12. When you are found incompetent to proceed. This means that, even though you are not found guilty, you may be sent to the state hospital until you are competent. CompKit: Competency Classroom Workbook October 2010 Page 13

128 Self Test for Lesson 5 GENERAL QUESTION Question 1: Finish the sentence: When they say a man or woman is not guilty until proven guilty... Right Answers: The state has the burden of proof. You are not guilty until the state proves that you are guilty. They have to show you did it. You are not guilty until the judge or the jury decides you are guilty. MULTIPLE CHOICE (choose as many as apply) 1. If you have been charged with a crime, this means: a. you did nothing wrong. b. the State s Attorney wrote to the court stating what law you are accused of breaking. c. the judge has proof you did something bad. d. you have been found guilty. 2. To keep from being found guilty when charged with a crime, you have to: a. Write the court stating what law you are accused of breaking. b. admit you did something wrong. c. go to court and defend yourself against the charges. d. do nothing. 3. Witnesses can be: a. called by the defense to show you didn't break the law. b. called by the prosecutor to show you broke the law. c. asked questions by both defense and prosecution. d. asked questions only by the person who calls them to the witness stand to talk. 4. The State has the "burden of proof". This means: a. the defendant is not guilty until proven guilty. b. the defendant has to prove he or she is not guilty. c. the defendant only has to show the state didn't have enough evidence to prove guilt. CompKit: Competency Classroom Workbook October 2010 Page 14

129 5. In court it is: a. the "state" against the defendant. b. you against the judge. c. you against the witness. 6. If you are found incompetent to proceed, you may: a. be held in a mental hospital for life. b. be held sent to a mental hospital until you are ready to return to court and work with your attorney. c. leave whenever you want. 7. It is the job of the State s Attorney: a. to present evidence that you are guilty. b. to present evidence that you are not guilty. c. to testify in court. 8. It is the job of the defense attorney: a. to present evidence that you are guilty. b. to present evidence that your are not guilty. c. to testify in court. 9. The person charged with a crime is the a. defendant. b. prosecution. c. Witness. 10. To find you not guilty, the defense attorney has to prove: a. you didn't do what they say you did. b. you did it, but didn't mean to do it. c. the prosecution hasn't proven for sure that you did it. 11. If you have a trial, who decides if you are guilty? a. the jury, if you have trial by jury. b. the judge, if you have a bench trial. c. the witness. d. the prosecution. Answers: 1:b 2:c 3:a,b,c 4:a,c 5:a 6:b 7:a 8:b 9:a 10:c 11:a,b CompKit: Competency Classroom Workbook October 2010 Page 15

130 Lesson 6: Understanding court procedures and pleas When you go to court, the judge will ask, "How do you plead?" This means he's asking if you want to say you did something wrong. There are four kinds of "pleas. What you plead will make a difference in court proceedings. What you plead may make a difference in your sentence. Below is a list of pleas. Guilty - you admit that you did what you were accused of doing. If you plead guilty, you give up your right to a trial and the judge will pass sentence. Not Guilty -You are saying that you did not do what you were accused of doing. If you plead not guilty there will be a trial to determine if you are guilty or not guilty. No Contest ( Nolo Contendre ) -You are not saying you are guilty, but you are not saying you are not guilty. You may plead no contest because feel you can not prove your innocence. If you plead No Contest, you give up the right to a trial and the judge will decide what happens; you put yourself on the mercy of the Court (Judge). Not Guilty by Reason of Insanity" (NGI or NGRI) -You are saying that if you did do the act of which you are accused, you are not responsible for it because, at the time of the crime: 1) You suffered from a mental illness and 2) You could not tell the difference from right or wrong because of your mental illness. If this plea is accepted by the Judge, you can be committed to go to the state hospital for treatment for one day to life. CompKit: Competency Classroom Workbook October 2010 Page 16

131 Self Test for Lesson 6 MATCH THE WORD WITH THE DEFINITION 1. "Not Guilty by Reason of Insanity plea a. You are not saying that you are guilty or not guilty but you are not challenging the charges. 2. "Guilty" plea b. You admit you did what you are accused of doing. 3. No Contest (Nolo Contendre) c. You are saying you did not do what you are accused of doing. 4. "Not Guilty" plea d. You are saying, if you did the act of which you are accused, you are not responsible for it because of mental illness. State what the following terms mean: a. Not Guilty by reason of Insanity (NGI or NGRI): b. Not Guilty: c. No Contest (Nolo Contendre): d. Guilty: If you do not know the answers, read the definitions again. CompKit: Competency Classroom Workbook October 2010 Page 17

132 Lesson 7: Court procedure and outcomes There are several possible outcomes to your court case. Some are penalties, which are ways that the state can use to punish you. Others are not punishment or penalties, but are ways of forcing you to get treatment or do something else. Below is a list of some outcomes: Dismissed -The judge decides there is not enough evidence or other problem with the prosecutions case and drops the charges. You are finished with the criminal charges, and may be free to go. Acquittal -You have a trial and are found not guilty. You are finished with the criminal charges and may be free to go. Fine - An amount of money that you have to pay to the court. There could also be court costs. Sentence -A length of time that you would have to spend in jail or prison. Probation Instead of sentencing you to jail or prison, the Judge orders that you do some things and do not do others. If put on probation, you must report to a probation officer on a regular basis, take urine or blood tests, and possibly pay fines and restitution. You CAN NOT do things like leave the area without the permission of your probation officer. You can not commit crimes, use alcohol or street drugs, or possess weapons. You may be ordered to go to a hospital or clinic for treatment while on probation. If you do not follow the probation orders of the Judge, you can be sent to jail or prison. Hospital Commitment (NGI or NGRI) -You probably go to mental health treatment, probably in a hospital, until you are well and safe. This commitment is not for a set time but is until your mental illness is stable and you are not dangerous to yourself or others. Deferred Prosecution -The judge decides to give you a length of time to straighten out instead of having a trial. If you do well for the amount of time you are given, you will not be prosecuted. You would probably need to report to a probation officer. Suspended Sentence -The judge has found you guilty and has imposed a sentence, but based on his belief that you can straighten out says you don't have to serve the sentence. You might have to report to a probation officer. Plea Bargain -If you plead guilty or no contest to a charge (often a lesser charge), the prosecutor agrees to let you have an easier penalty, and may drop other charges. You, the State, and the Judge must agree. CompKit: Competency Classroom Workbook October 2010 Page 18

133 MULTIPLE CHOICE (Circle one) 1. A Plea Bargain is: Self Test for Lesson 7 a. You go to trial b. The witness says you did what you are charged with c. You agree to a lesser charge and others are dropped 2. A "Guilty" Plea is: a. You go to trial b. You admit you did what you are charged with c. You don't admit you did anything wrong 3. A "Not Guilty" plea is: a. You admit you did what you are charged with b. You tell the judge you didn't do what you are charged with c. You agree to a lesser charge and the others are dropped 4. An "Acquittal" is: a. You plead guilty to a lesser charge and others are dropped b. You go to trial and are found not guilty c. The judge believes you can straighten out and doesn't sentence you 5. A "Hospital Commitment" is: a. The court sends you to the hospital until you are better b. You agree to go to the hospital on a voluntary basis c. You agree to go to the hospital if you get worse [Answers: 1)c 2)b 3)b 4)b 5)a CompKit: Competency Classroom Workbook October 2010 Page 19

134 Lesson 8: Relating to your attorney To be competent, you should be able to work rationally with your attorney in your defense. This means you have to be able to talk with your attorney to discuss how to defend you against the charges. This includes giving your attorney the information you have and listening to his ideas and really thinking about them. Answer the following questions to see if you are able to talk with your attorney: Finish the following sentence: When I prepare to go to court with my lawyer A right answer is one that shows you plan to have you and your lawyer talked about how to defend yourself. These are some right answers: "We will have long talks" "I will tell my lawyer the truth" "We will prepare for court" I need a lawyer to help me because I do not know the laws as well as lawyers do. Talk about your answer to this question in your ITP group. Finish the following sentence: What concerns me most about his lawyer is A right answer is one that mentions if the lawyer is a good or bad lawyer. Another right answer is one that says whether or not the lawyer is interested in the case. Examples of right answers are: "How good he is" "He is trying to help" "He really listens and understands" If you disagree with something your lawyer says you should ask him or her WHY do you think that? rather than getting mad, firing them, or arguing. CompKit: Competency Classroom Workbook October 2010 Page 20

135 Self Test, Part 2 Question 1: Finish the following sentence: When I prepare to go to court with my lawyer Answer: Read the right and wrong answers above Question 2: Finish the following sentence: What concerns Fred most about his lawyer Answer: Read the right and wrong answers above CompKit: Competency Classroom Workbook October 2010 Page 21

136 Lesson 9: Appreciate charges To be competent, you must know what you are charged with, and you must know what the charges mean. Question 1: What are your charges? Self Test for Lesson 9 Question 2: What does this mean Answer: If you don't know the answer, look at page 1 of the workbook. You will talk about this with your ITP group leader or psychologist. CompKit: Competency Classroom Workbook October 2010 Page 22

137 Lesson 10: Realistically consider a legal defense To be competent, you must consider how you are going to defend yourself against the charges. You must 1. Recognize what the charges are 2. Consider different pleas 3. Be knowledgeable of the information the State s attorney has against you. 4. Be able to make rational decisions based on all the information available Here is a situation to think about. It may not be like your situation but thinking about it and answering questions about it will help you to become competent. Situation: Suppose you are charged with a crime. You know you are partly guilty, and the evidence against you seems pretty strong. Your lawyer says the State s Attorney has offered a plea bargain. What things should you consider in deciding whether to accept or not. Right Answer: A reason that has to do with: (a) how good the bargain is. (b) the lawyer s advice. (c) how the court has handled situations like this in the past. For example: "Look at evidence and how good a deal and what the judge did in the past. Here is another situation to consider: How will you handle preparing to go to court with your lawyer? Right Answer : Something that shows you are going to cooperate. For example: "I will ask him what he thinks about the evidence against me." "I will tell the truth" "We will have long talks" CompKit: Competency Classroom Workbook October 2010 Page 23

138 Self Test for Lesson 10 Question 1: Suppose you are charged with a crime. You know you are partly guilty, and the evidence against you seems pretty strong. Your lawyer says the State s Attorney has offered a plea bargain. What things should you consider in deciding whether to accept or not. Answer: read the material above Question 2: Finish the Sentence: When I prepare to go to court with my lawyer: Answer: Read the material above CompKit: Competency Classroom Workbook October 2010 Page 24

139 Lesson 11: Appropriate courtroom behavior To be competent, you have to be able to control yourself enough to understand what is going on. You must be able to be behave appropriately in court. Answer the following questions: Question: Why do people stand up when the judge comes in or goes out? Right Answer: Something having to do with respect. For example: "To be nice." "To show respect." Question: What will you do during the trial? Right Answer: Something that shows you will be seated, be quiet, listen, and follow what your attorney says. For example: "Be quiet and listen" "Do what my attorney says" "Pay attention" Self Test for Lesson 11 Question 1: Why do people stand up when the judge comes in or goes out? Answer: Read the material above Question 2: What will you do during the trial? Answer: Read the material above CompKit: Competency Classroom Workbook October 2010 Page 25

140 Lesson 12: Sharing information with your lawyer and participating in defense strategy To be competent, you must be able share important facts to you lawyer and help plan your legal defense with your lawyer. This means you and your lawyer: 1. Talk about defense ideas. 2. Work out a solution calmly when you disagree. Answer the following questions to see if you can help your lawyer with legal ideas: Question: How can you help your lawyer defend you? Right Answer: Something that shows you can give information that helps your case. For example: "By telling him the whole story of what happened" "Answer questions" "Listen and tell him what I think" Question: If you disagree with your lawyer about your defense, what are some things to do? Right Answer: Something that shows you can talk and cooperate. For example: "Calmly tell my point." "Ask my lawyer more questions." "Tell my lawyer I want to give it some thought and talk again." CompKit: Competency Classroom Workbook October 2010 Page 26

141 Lesson 13: Appreciate the possible penalties To be competent, you must realistically consider the possible penalties if you are found guilty. If you deny that there are penalties, or if you deny that there are charges, you are not competent. Self Test for Lesson 13 Question 1: What is the maximum sentence if you are found guilty? Answer: It depends on how serious the charge against you is. Third Degree Felony: 5 Years in State prison Second Degree Felony: 15 Years in State prison First Degree Felony: 30 years in State prison Life Felony: Life in State Prison Capital Felony: Death Penalty CompKit: Competency Classroom Workbook October 2010 Page 27

142 Lesson 14: Be able to describe relevant facts To be competent, in most situations, you must be able to describe the events that led to your arrest. If you can not remember all of the events, you should be able to say what you do and do not know. In the space below, write a few sentences about what led to your arrest: Have this reviewed by your ITP group leader or psychologist. Your group leader or psychologist may write comments about whether or not this is enough for competency. If you need more, they will tell you what you may need to do differently. CompKit: Competency Classroom Workbook October 2010 Page 28

143 Lesson 15: Be able to challenge witnesses To be competent, you should be able to (quietly) tell you lawyer about information that isn't right when someone is on the witness stand. Question 1: Finish the Sentence: If a witness testifying against me gave incorrect evidence in court, I would: Right Answer: Something showing that you recognized it was wrong and did something appropriate about it. For example: "quietly tell my lawyer that the witness was perjuring himself." "write a note to my lawyer." "quietly get my lawyer s attention and write her a note." Self Test for Lesson 15 Go over the questions above and answer them again. CompKit: Competency Classroom Workbook October 2010 Page 29

144 Lesson 16: Testify relevantly To be competent, you must be able to testify in court if you need to. This means you must understand what "testify" means. To see if you do, answer the following question: Question: Finish the Sentence: If you are testifying in court and are questioned by your defense lawyer, you will: Right Answer: Something that shows you will answer questions to the best of your ability. For example: "I would try to give a truthful answer to what I am asked." "If I do not remember, I will not make anything up. I will just say what I remember." "I will not lie." CompKit: Competency Classroom Workbook October 2010 Page 30

145 Lesson 17: Likely outcome of a trial To be competent, you should be able to rationally understand a likely outcome in your case with your charges. This is so you can make a good decision about what to plead and how to defend yourself. What do you think is most likely to happen in your case? How do you think things will end up in your case? Why do you think that this is most likely to happen? Have your ITP group leader review what you wrote. The leader will look for things like, did you respond to the charges, or list something that you attorney said. CompKit: Competency Classroom Workbook October 2010 Page 31

146 Lesson 18: Motivation for self defense To be competent you should be motivated to defend yourself. If you say "I won't fight it in court" only because you are depressed, your depression may be making you incompetent. Question 1. Finish the sentence. If I had a chance to speak to the judge, I Right Answer: One that says you would speak up to defend yourself. For example: "I would tell my story" "I would ask for a break" "I would try to explain things" CompKit: Competency Classroom Workbook October 2010 Page 32

147 Lesson 19: Review Below is a list of competency criteria used in Florida. Use this to make notes. Your therapist may want to write in this, stating what needs more work. Name: Date: Criteria A: Understand the Facts of Your Legal Situation 1. You should understand the charges against you, the actions of which you are accused, and the seriousness of the charges. 2. You should understand the possible penalties if you are found guilty. You should know the range of penalties including worst and least harsh. 3. You should understand the adversarial nature of the legal system. This includes understanding of court procedure and the role of various persons involved in courtroom proceedings. You should be able to understand the basic roles of the opposing sides; you and your attorney or lawyer against the State s Attorney. CompKit: Competency Classroom Workbook October 2010 Page 33

148 Criteria B: Participate or Assist in Defense with Rational Understanding 1. You should be able to provide your attorney with available important facts concerning your case. You should be able to give a basically consistent, rational, and relevant account of the facts. 2. You should be able to maintain appropriate or correct behavior in court. You should be able to conduct yourself at a hearing or trial without inappropriate or disruptive behavior. In the hospital, this will be shown by managing behavior to avoid staffing disruptions. 3. You should be able to testify truthfully with coherence, relevance, and independence of judgment. CompKit: Competency Classroom Workbook October 2010 Page 34

149 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Sentences The sentence you might be offered is based on what the State Attorney thinks you could get if you go to trial and you are found guilty of the crime. Two people who are charged with the same crime might be offered different plea agreements. Two people convicted of the same crime might get different sentences. What gets someone a longer sentence? People with the same charge can get different sentences. Some things can result in you facing more time for an offense than somebody else who is facing the same charges. These things are what happened during or around the time of the crime, and what you ve done in the past. What you did before the crime. You can get a longer sentence if you ever did these things before the crime: 1. Before this crime, you were convicted of or took a plea bargain for some other crime. This can be when you were a juvenile, or in some other state, or the judge ordered adjudication withheld. 2. You once violated probation for another crime. 3. You once escaped from jail or prison. 4. You were a gang member when the crime happened. What happened during the crime. You can get a longer sentence if any of these things happened during the crime: 1. At some point during the crime, you had a gun. 2. At some point during the crime, you or another defendant threatened somebody with something else that could have been used as a weapon, like a knife or a bottle or a brick. 3. The crime involved selling or giving away drugs, even if another defendant did it and not you. 4. Somebody was hurt or killed during the crime, even if it was not something done on purpose, like somebody had a heart attack, or somebody fell off a chair and broke an arm. You can also get a longer sentence if another defendant and not you hurt or killed someone. 5. Somebody was sexually assaulted during the crime, even if you didn t do it. This can be another person raping or touching somebody. CompKit: Sentences August 2011 Page 1

150 6. A child was present during the crime, even if the child was not hurt or robbed. What you did after you were arrested. You can get a longer sentence if you were arrested for the crime, released from jail, and then did something: 1. You did not go to court when you were supposed to. 2. You were arrested for something else while you were free. 3. The judge or the probation officer told you not to do something, like go in a liquor store, and you did it anyway. What gets someone a shorter sentence? Things that happened around the time of the crime and what you ve done in the past can mean less time for a crime than somebody else who has the same charges. 1. You take a plea bargain. 2. You were an accomplice to a crime but you had only a small role in it. 3. You were mentally ill at the time of the crime but you can get better if you have treatment. 4. The victim in the crime started the trouble. 5. Somebody else made you do the crime. 6. Before the police arrested you, you tried to make it up to the victim. 7. You help the police solve this or other crimes. 8. You have never done anything like this before. 9. You accept responsibility for what happened and you show you re sorry. What are Sentencing Guidelines? Florida law says judges have to use Sentencing Guidelines ( guidelines sentence means the same thing) or have a good reason to go outside the guidelines. A sentence outside the guidelines can be longer or shorter than the guidelines sentence. Sentencing Guidelines tell a judge the longest sentence and shortest sentence allowed for somebody who is convicted of a certain crime. Guidelines don t say exactly what sentence to give. Before passing a sentence after trial or plea bargain, the judge is supposed to consider the things in this brochure that can get you a shorter sentence and the things that can get you a longer sentence. CompKit: Sentences August 2011 Page 2

151 The sentencing guidelines tell the judge, your lawyer, and the State Attorney the longest and shortest sentences allowed for each conviction and each defendant. The longest and shortest sentences are based on five things: 1. Primary offense at conviction. This is the most serious charge a defendant faces. Being convicted of armed robbery is more serious than being convicted of petite theft. If a defendant is convicted of more than one count of the same charge, each count adds to the sentence. 2. Additional offenses at conviction. This means how many other charges the defendant is convicted of doing and how serious each charge is. If somebody convicted of armed robbery is also convicted of one charge of petite theft and three charges of forgery, the guidelines would give additional time for the petite theft and forgery convictions. 3. Prior Record. The guidelines say that somebody who has been convicted of crimes in the past should get a longer sentence than somebody who has never been convicted before. These include crimes in other states, crimes in other countries, and crimes in their juvenile record. The more convictions and the more serious convictions there are in the past, the longer the sentence. 4. Legal status at time of offense. The guidelines say that somebody convicted of a crime get a harsher sentence if they: had escaped from jail, prison, or a police officer before the crime, ran away or drove away from a police officer to keep from being caught, didn t show up for a hearing, violated probation while waiting for trial, were in jail or prison when the offense happened, were in a pretrial diversion program when the offense happened, or were on probation or community control when the offense happened. 5. Victim injury. If somebody gets hurt during an offense, the guidelines say the sentence will be harsher. The more people get hurt and the worse they get hurt, the worse the sentence. Guidelines maximum sentences Here are some of the maximum penalties for someone found guilty of a crime. Remember that defendants can get longer or shorter sentences for what they did before the crime, what happened during the crime, and what they did after they were arrested. CompKit: Sentences August 2011 Page 3

152 Possible maximum punishments with prison time: CAPITAL FELONY: Penalties include death or life in prison. LIFE FELONY: The maximum sentence is life in prison. 1 st DEGREE FELONY: Maximum is 30 years in prison. 2 nd DEGREE FELONY: Maximum is 15 years in prison. 3 RD DEGREE FELONY: Maximum is 5 years in prison. Don t forget that things like use of a firearm, or a rape in a crime, or the presence of a child can add mandatory time to your sentence from 1 year to life in prison. Possible punishments without prison time: Probation Community Service Community Control County Jail Confinement (1 year or less) Time Served House arrest Work release If found not guilty: No punishment. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida August 2011 CompKit: Sentences August 2011 Page 4

153 1. What is a plea bargain? FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Plea Bargains In a plea bargain, the defendant (through his or her lawyer) and the State Attorney agree to: a specific sentence by pleading guilty or no contest to a charge, a reduced sentence by pleading guilty or no contest to a lesser charge, or if there are several charges, the defendant may plea guilty to only one or some of the charges. Many more cases end with a plea bargain than with a trial. However, you have the right to a trial if you want it. 2. Who has to agree to it? To be binding, a plea bargain agreement has to be approved by each of the following: Defendant Prosecutor Judge Exactly what sentence you may be offered depends on your legal situation. Don t forget that if you accept a plea bargain, this will be recorded as a conviction, and it will be in your permanent criminal record. 3. How can a plea bargain help me? You may get a lighter sentence from a plea bargain than from a trial. If there is a lot of evidence against you, a plea bargain may result in a lighter sentence. A plea bargain settles your legal proceedings more quickly than awaiting a trial. The sentence you receive may be equal to the time you have been in jail plus in the hospital as incompetent to proceed. CompKit: Plea Bargains October 2010 Page 1

154 4. What do I give up if I accept a plea agreement? You give up the right to a jury trial. You give up the right to confront your accusers. You give up the right to remain silent. You may have the same punishment and lose the same rights as if you had a trial and were convicted. A plea agreement requires you to plea guilty or no contest. If you plea guilty or no contest, you lose the right to appeal your conviction and sentence, even if you decide later that you could have gotten a better deal or done better in a trial. 5. Why does the State Attorney plea bargain? Save the expense of a trial. Finish a case where the defendant has already been locked up about as long, or longer, than they would get if found guilty in a trial. Get a defendant to testify against another defendant in the same or some other case. 6. What are the types of plea bargains? There are two types of plea bargains: Sentence plea bargain. This is when the defendant is told, If you plead guilty, then here is the exact sentence you ll get. It is the defendant s choice to accept or reject the plea bargain. Charge bargain. This is where the defendant is charged with a crime and is allowed to plead guilty to a lesser crime. When this happens, the sentence is up to the judge. The state s sentencing guidelines limit how severe the sentence can be, but the actual sentence is up to the judge. It is the defendant s choice to accept or reject the plea bargain. CompKit: Plea Bargains October 2010 Page 2

155 7. What are the steps in a plea bargain? 1. Your lawyer tells you a plea bargain has been offered or you tell your lawyer you want to consider a plea bargain 2. Your lawyer is the one who negotiates for you with the State Attorney, but nothing is binding on you until you sign the plea agreement. 3. You review with your lawyer everything the State Attorney offers in the plea bargain. 4. If you think the State Attorney s offer is good for you, tell your lawyer you will agree to it. If the offer is not good to you, tell your lawyer you would like a better offer or else go to trial. 5. When you receive a plea bargain that looks okay, you and your lawyer need to carefully look at the written plea agreement before you sign it. 6. Talk to your lawyer about the plea before you agree to anything. If you have a good case and your lawyer thinks you have a real chance of winning, you might be better off standing trial. 7. After the judge accepts your plea bargain, be careful to do the things the bargain and the judge say you have to do. If you get probation or community control, you may have to do things like go to outpatient mental health, wear an electronic ankle monitor, be at home except when at work or mental health, not drink alcohol or use drugs, be tested for alcohol and drug use, go to your probation appointments, pay for your probation supervision, and not leave the county without permission from your probation officer. The judge may tell you to do other things, too. 8. How can I get the best plea bargain possible? Pay attention in your Competency class. The more you know about plea bargains, the more likely you will be able to get a good one. Go to class at the hospital and try to get along with people. This will help show people that you have been trying your best to do the right thing. Tell your lawyer about the good things you have done for yourself and for other people. Help your lawyer know as much about the alleged crime as possible so your lawyer can look for weaknesses in the case against you. Weaknesses can be things like the absence of evidence against you and witnesses who contradict each other. Explain to your lawyer how bad it will be for your family if you go to prison, like if you help pay bills, you re helping raise your children, and you take care of your sick mother. A plea bargain is a compromise between you and the State Attorney. The State Attorney may want you to go prison for a very long sentence, followed by probation for a very long time. You may want to be set free without prison or probation. Getting an acceptable plea usually means both you and the State Attorney have to be willing to compromise. CompKit: Plea Bargains October 2010 Page 3

156 9. If I plea bargain, what should I watch out for? Decide if the plea bargain is better for you than going to trial. The paper you are asked to sign must be exactly what you agree to. Read the paper carefully or have someone you trust read it carefully. Be sure you can live with the things that you are required to do or that will happen to you if you sign the agreement. If you don t do everything you agree to do, the State Attorney can ask the judge to revoke the bargain and order you to stand trial. Whether you committed the crime or not, don t believe it if someone tells you that you have to take a plea bargain. It is your choice. Only agree to do a plea bargain and to accept a plea agreement if you are sure this is your best course of action. A plea of guilty or no contest at your arraignment or at your trial is not the same thing as a plea bargain. If you plea guilty or no contest at an arraignment or at trial, the State Attorney can ask for any sentence they want, and the judge can give you any sentence he or she wants. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida October 2010 CompKit: Plea Bargains October 2010 Page 4

157 FLORIDA STATE HOSPITAL CompKit Competency to Stand Trial Training Resources Staying Free After you go to court, the following things might happen as a result of a trial or a plea bargain: Not guilty. You can be found not guilty and set free. Time served. You could be found guilty, get a sentence of time served, and set free. Probation. You could be found guilty, get a sentence of probation, and let out of jail. Probation lets you live in the community, maybe at home, or with a family member, or in a group home. You have to follow rules created by the judge and report regularly to a probation officer, who can visit you unexpectedly where you live. Community control. Community control is a type of probation. You could be found guilty, get a sentence of community control, and let out of jail. You might have to do things like wear an electronic device at all times, follow a pre-set schedule of when and where you can go when you leave home, and do community service,. Jail. You could be found guilty, be sentenced to some months in jail, and after release from jail be set free or released on probation or community control. Prison. You could be found guilty, be sentenced to some years in prison, and after prison, set free or released on probation or community control. After you are set free, it is up to you to stay free. This is true if you are on probation or not on probation. CompKit: Staying Free October 2010 Page 1

158 What do I have to do if I get probation? The judge can order you to do many things if you are on probation. Some things the judge could order are: Wear an electronic ankle monitor. Be at home except when you re at: o work o school, o church, o a doctor s appointment, o a mental health appointment, or o the probation office. Be tested for alcohol and drug use any time your probation officer says to. See your probation officer whenever when told. Go to mental health or substance abuse treatment. Get and keep a job. Pay restitution (fees that you pay to the court for the victim for injury, loss or damage). Pay court costs. Pay for your probation supervision The judge and your probation officer may tell you some other things you have to do. If you are on probation and you don t do what you re supposed to do, you will be arrested and go to jail. CompKit: Stay Free October 2010 Page 2

159 What are things I can t do if I get probation? The judge can order you to not do many things if you re on probation. Some of the things the judge can order are: You can t drink alcohol. You can t use drugs. You can t touch a gun. You can t go in a bar, even if you re not drinking. You can t move to another address without permission from your probation officer. You can t leave the county without permission from your probation officer. You can t go near the victim of the crime you were convicted of, or near the victim s home, or near the victim s family, or near a certain business, or near a school. The judge and your probation officer may tell you some other things that you will not be allowed to do. If you are on probation and you do something you re not supposed to do, you will be arrested and go to jail. CompKit: Stay Free October 2010 Page 3

160 Probation or no probation, what do I have to do to stay free? Be smart and stay free Be thoughtful. Think before you act or say something. If you do unwise things, you will get in trouble, the police will arrest you, and they will take you to jail. An unwise thing is holding a bag because somebody says to you Do not look in the bag and I will give you $20 to stand there with it in your hand while I go see somebody. The police don t care if you don t know drugs, stolen property, or a gun is in the bag. The guy who told you to hold the bag might even want you to go to jail! Have nice friends. Hang around with people who have jobs, care for their family, obey the law, and don t do drugs. Talk to your family. Find somebody who will listen to you. Talking about your thoughts to somebody you can trust can help you reach good decisions. Obey the law. If the police see you break the law they will arrest you and take you to jail. If a citizen notices you break the law or thinks you are acting suspicious, the citizen will tell the police. Then the police will come, arrest you and take you to jail. If you threaten family members, steal from them, or bring drugs home, a family member might tell the police, or tell somebody else who will tell the police. Then the police will arrest you and take you to jail. Meet the conditions of your probation. Do everything the judge and probation officer say. CompKit: Stay Free October 2010 Page 4

161 Get a life and stay free Get a regular life. Find a job you can do and stick with it. Practice a regular daily routine. Don't overspend your money or your credit. Ask for help if you need it. Keep your emergency phone numbers. Stay healthy. Go to your doctor and mental health appointments. Take your medication. Don't take other people's medication. Tell the doctor or the nurse if you have problems. Call the emergency telephone number if you have an emergency. Eat healthy food. Go outside in the daytime. Don t use drugs. If you do drugs, sooner or later you ll do something stupid, get robbed, hurt, arrested, overdose, killed, or violate probation. Don t take street drugs or abuse your prescriptions. Stay away from people who sell drugs and use drugs. People who do drugs and sell drugs act stupid and get in trouble. They might try to cut a deal with the police by telling them you use or sell drugs even if you don t. If police have seen you with people who use and sell drugs, they will think you use or sell dugs even if nobody says you do. Don t carry a gun or knife. Carrying a knife or gun makes it look like you re ready to hurt, kill or rob somebody. If the police find out you have a weapon on you, they will arrest you and take you to jail. Don t wander around at night. If a citizen sees you wandering around at night and thinks you are acting suspicious, they will tell the police and you ll get arrested. Or the police might see you wandering around at night and think you re on your way to rob or attack somebody, get drugs, or sell drugs, and they will arrest you and take you to jail. CompKit: Stay Free October 2010 Page 5

162 Treat police nice and stay free Don t break the law. Remember that you have a record. The police will not believe you if you say you did nothing wrong. They will arrest you and take you to jail. Show the police you respect them. If the police think you are lying or you don t respect them, they might arrest you and take you to jail. When they ask you a question or tell you to do something, o o o o o stand straight. face the police when they are talking to you. don t keep looking around. look the police in the eye. answer every question they ask. Obey the police. Do what the police say when: o o o o They stop you for a reason or no reason. You have been good, very good, bad, or very bad. They are making you late to do something or not. The police are nice to you or rude to you. When you see or talk to the police, NEVER do these not-so-smart things: o Touch police with your hand, not even a finger. o Grab the police by the arm, hand, or anywhere else. o Put your hand in you pocket or in your shirt like you re going to pull something out. o Call the police a rude word. o Tell the police they are stupid or they don t know what they re talking about. o Tell the police they are not doing their job right. o Walk away from the police when they re talking to you. Provided as part of competency restoration by Florida State Hospital Chattahoochee, Florida October 2010 CompKit: Stay Free October 2010 Page 6

163 FLORIDA STATE HOSPITAL CompKit Judicial Competency Training Resources FLORIDA 2010 OFFENSE SEVERITY RANKING CHART October 2010

164 Florida Statutes Criminal Punishment Code; offense severity ranking chart. Last modified March 26, 2010 The offense severity ranking chart must be used with the Criminal Punishment Code worksheet to compute a sentence score for each felony offender whose offense was committed on or after October 1, The offense severity ranking chart has 10 offense levels, ranked from least severe, which are level 1 offenses, to most severe, which are level 10 offenses, and each felony offense is assigned to a level according to the severity of the offense. For purposes of determining which felony offenses are specifically listed in the offense severity ranking chart and which severity level has been assigned to each of these offenses, the numerical statutory references in the left column of the chart and the felony degree designations in the middle column of the chart are controlling; the language in the right column of the chart is provided solely for descriptive purposes. Reclassification of the degree of the felony through the application of s , s , s , s , s , or any other law that provides an enhanced penalty for a felony offense, to any offense listed in the offense severity ranking chart in this section shall not cause the offense to become unlisted and is not subject to the provisions of s Note that in the table below PBL means punishable by life sentence. OFFENSE SEVERITY RANKING CHART LEVEL 1 Florida Statute Felony Degree Description (3)(a) 3rd Counterfeit or altered state lottery ticket (2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection (2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20, (1) 3rd Fleeing or attempting to elude law enforcement officer (5) 3rd Sell, exchange, give away certificate of title or identification number plate (1)(a) 3rd Tamper, adjust, change, etc., an odometer (1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification (4) 3rd Supply or aid in supplying unauthorized driver's license or identification card. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 2

165 (5)(a) 3rd False application for driver's license or identification card (2) 3rd Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $ (3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $ (1) 3rd False statement or representation to obtain or increase unemployment compensation benefits (1) 3rd Defraud an innkeeper, food or lodging value greater than $ (1) 3rd Violation of the Florida Securities and Investor Protection Act (1) 3rd Possess still or still apparatus rd Tenant removes property upon which lien has accrued, value more than $ (3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2) (2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret (4)(a) 3rd Offense against intellectual property (i.e., computer programs, data) (2) 3rd Hiring with intent to defraud, motor vehicle services (2) 3rd Use of public record or public records information to facilitate commission of a felony rd Bigamy (3) 3rd Fighting or baiting animals (1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s (1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s (5) drugs (1) 3rd Stopping payment with intent to defraud $150 or more (2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more (2) 3rd Commercial bribe receiving rd Commercial bribery rd Fleeing by boat to elude a law enforcement officer (1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction) rd Keeping gambling house (1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery rd Gambling-related machines; common offender as to property rights. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 3

166 849.25(2) 3rd Engaging in bookmaking rd Interfere with a railroad signal (1)(a) 3rd Operate aircraft while under the influence (2)(a)2. 3rd Purchase of cannabis (6)(a) 3rd Possession of cannabis (more than 20 grams) (1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. (b) LEVEL 2 Florida Statute Felony Degree Description (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act (5)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste rd Registration of securities and furnishing of prospectus required. [1] (1) 3rd Willful, malicious, or intentional burning (3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death (1) 3rd In violation of court order, take, entice, etc., minor beyond state limits (1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service (2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary (2)(e) 3rd Trespassing on posted commercial horticulture property (2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5, (2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling (7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure (1)(a)2. 3rd False statement in support of insurance claim (3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $ (3) 3rd Failure to redeliver hired vehicle rd With intent to defraud, obtain mortgage note, etc., by false representation (5) 3rd Dealing in credit cards of another (6)(a) 3rd Forgery; purchase goods, services with false card. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 4

167 rd Fraudulent use of credit cards over $100 or more within 6 months rd Knowingly marries or has sexual intercourse with person to whom related rd Forgery rd Uttering forged instrument; utters or publishes alteration with intent to defraud rd Forging bank bills, checks, drafts, or promissory notes rd Possessing 10 or more forged notes, bills, checks, or drafts rd Uttering forged notes, bills, checks, drafts, or promissory notes rd Bringing into the state forged bank bills, checks, drafts, or notes (3)(a) 3rd Cashing or depositing item with intent to defraud rd Falsely impersonating an officer (2)(a)2. 3rd Purchase of any s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis (2) 3rd Manufacture or delivery of drug paraphernalia. (c) LEVEL 3 Florida Statute Felony Degree Description (2)(b) 3rd Unlawful use of confidential information from police reports (6)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports (2)(b) 3rd Felony DUI, 3rd conviction (2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated (4) 3rd Possession by junkyard of motor vehicle with identification number plate removed (1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home (1)(c) 3rd Procure or pass title on stolen vehicle (4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration (2)(b) 3rd Felony BUI (2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels (4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number (5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 5

168 destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act (1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act (4) 3rd Operating a clinic without a license or filing false license application or other required information (3) 3rd False report of workers' compensation fraud or retaliation for making such a report (2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information (4)(a) 3rd Transacting insurance without a certificate of authority (4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20, (1)(a) & (b) 3rd Representing an unauthorized insurer rd Equity skimming (3) 3rd Person directs another to discharge firearm from a vehicle (1) 3rd Live on earnings of a prostitute (1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting (2) 3rd Interferes with or assaults firefighter in performance of duty (2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon (2)(c)2. 3rd Grand theft; $5,000 or more but less than $10, (2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10, (4)(b) 2nd Computer offense devised to defraud or obtain property (4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20, rd Burning to defraud insurer (8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents (11)(a) 3rd Insurance fraud; property value less than $20, rd Filing a false motor vehicle insurance application rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card (2) 3rd Sale of used goods as new (4) 3rd Patient brokering (2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death (2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument nd Possession of instruments for counterfeiting drivers' licenses or identification cards. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 6

169 (3)(b) 3rd Threatens unlawful harm to public servant rd Injure, disable, or kill police dog or horse (3) 3rd Overcharging for repairs and parts (2) 3rd Riot; inciting or encouraging (1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) (1)(d)2. 2nd Sell, manufacture, or deliver s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university (1)(f)2. 2nd Sell, manufacture, or deliver s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility (6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis (7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance (7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc (7)(a)10. 3rd Affix false or forged label to package of controlled substance (7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter (8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice (8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance (8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person (8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner (1)(a) 3rd Alter, destroy, or conceal investigation evidence (1)(a) rd Introduce contraband to correctional facility (1)(c) 2nd Possess contraband while upon the grounds of a correctional institution rd Escapes from a juvenile facility (secure detention or residential commitment facility). (d) LEVEL 4 Florida Felony Description CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 7

170 Statute Degree (3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated (1) 3rd Failure to maintain or deliver pedigree papers (2) 3rd Failure to authenticate pedigree papers (6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs (2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc (1)(c) 3rd Battery of sexually violent predators facility staff rd Battery on detention or commitment facility staff rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials (2)(c) 3rd Battery on a person 65 years of age or older (3) 3rd Battery on specified official or employee (3) 3rd Battery by detained person on visitor or other detainee (3) 3rd Battery on code inspector rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials (1) 3rd Interference with custody; wrongly takes minor from appointed guardian (2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings (3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person (1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school (2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property (2)(c) 3rd Possessing firearm on school property (7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years (4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery (4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery rd Burglary; possession of tools (2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon (2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20, (2)(c) rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc (2) 3rd Dealing in stolen property by use of the Internet; property CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 8

171 stolen $300 or more (1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s (5) drugs (2)(a) 3rd Fraudulent use of personal identification information (2)(a) 3rd Fraudulent use of scanning device or reencoder (1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle (1) 3rd Perjury in official proceedings (1) 3rd Make contradictory statements in official proceedings rd Official misconduct (2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency (2)(c) 3rd Falsifying records of the Department of Children and Family Services rd Possession of a concealed handcuff key by a person in custody rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication (1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping) (5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years (1) 3rd Encouraging or recruiting another to join a criminal gang (2)(a)1. 2nd Purchase of cocaine (or other s (1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs) (2) 3rd Witnesses accepting bribes (1) 3rd Force, threaten, etc., witness, victim, or informant (2) 3rd Retaliation against a witness, victim, or informant, no bodily injury rd Tampering with jurors rd Use of two-way communications device to facilitate commission of a crime. (e) LEVEL 5 Florida Statute Felony Degree Description (1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene (4)(a) 2nd Aggravated fleeing or eluding (6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury (5) 3rd Vessel accidents involving personal injury; leaving scene (11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 9

172 440.10(1)(g) 2nd Failure to obtain workers' compensation coverage (5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims (2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums (4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100, (1)(c) 2nd Representing an unauthorized insurer; repeat offender (2) 3rd Carrying a concealed firearm nd Threat to throw or discharge destructive device (1) 2nd False report of deadly explosive or weapon of mass destruction (1) 2nd Possession of short-barreled shotgun or machine gun nd Felons in possession of firearms, ammunition, or electronic weapons or devices (6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years (7)(b) 2nd Lewd or lascivious exhibition; offender 18 years or older (1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property (2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50, (8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts (1) 2nd Stolen property; dealing in or trafficking in (2)(b) 3rd Robbery by sudden snatching (2) 3rd Owning, operating, or conducting a chop shop (4)(a)2. 2nd Communications fraud, value $20,000 to $50, (11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100, (1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity (2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more individuals (2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder (4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult (4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child (5) 3rd Possess any photographic material, motion picture, etc., CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 10

173 which includes sexual conduct by a child (2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death rd Resist officer with violence to person; resist arrest with violence (5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older (2) & (3) 3rd Transmission of pornography by electronic device or equipment (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment (2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense (1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s (1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) (1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center (1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s (1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university (1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site (1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s (1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility (4)(b) 2nd Deliver to minor cannabis (or other s (1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) (1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. (f) LEVEL 6 Florida Statute Felony Degree Description (2)(b) 3rd Felony DUI, 4th or subsequent conviction (3) 2nd Knowing forgery of pedigree papers (4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 11

174 (5) 2nd Knowing sale or transfer of prescription drug to unauthorized person (1) 3rd Taking firearm from law enforcement officer (1)(a) 3rd Aggravated assault; deadly weapon without intent to kill (1)(b) 3rd Aggravated assault; intent to commit felony rd Felony battery; domestic battery by strangulation (3) 3rd Aggravated stalking; credible threat (5) 3rd Aggravated stalking of person under (2)(c) 2nd Aggravated assault on law enforcement officer (1)(b) 2nd Aggravated assault on sexually violent predators facility staff (2)(b) 2nd Aggravated assault on a person 65 years of age or older (2) 2nd Aggravated assault on specified official or employee (2) 2nd Aggravated assault by detained person on visitor or other detainee (2) 2nd Aggravated assault on code inspector (2) 3rd False imprisonment; restraining with purpose other than those in s (2)(d) 2nd Discharging firearm or weapon on school property (2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property (1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles (8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult (1) 2nd Unlawful sexual activity with specified minor (5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years (6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older (2) 2nd Arson resulting in great bodily harm to firefighter or any other person (3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery (2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree (6) 2nd Theft; property stolen $3,000 or more; coordination of others (9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction (9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 12

175 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery) (4)(a)1. 1st Communications fraud, value greater than $50, (5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones (1) 3rd Abuse of an elderly person or disabled adult (3)(c) 3rd Neglect of an elderly person or disabled adult (3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult (2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20, (1) 3rd Abuse of a child (3)(c) 3rd Neglect of a child (2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance nd Threats; extortion nd Written threats to kill or do bodily injury rd Aids or assists person to escape rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors rd Knowingly using a minor in the production of materials harmful to minors (2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct nd Retaliation against a witness, victim, or informant, with bodily injury (3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm nd Escapes rd Harboring, concealing, aiding escaped prisoners (1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility (1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. (g) LEVEL 7 Florida Statute Felony Degree Description (1)(b) 1st Accident involving death, failure to stop; leaving scene (3)(c)2. 3rd DUI resulting in serious bodily injury (3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 13

176 who is in a patrol vehicle with siren and lights activated (3)(c)2. 3rd Vessel BUI resulting in serious bodily injury (2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50, (2) 3rd Practicing a health care profession without a license (2) 2nd Practicing a health care profession without a license which results in serious bodily injury (1) 3rd Practicing medicine without a license (1) 3rd Practicing osteopathic medicine without a license (1) 3rd Practicing chiropractic medicine without a license (1) 3rd Practicing podiatric medicine without a license rd Practicing naturopathy without a license (1) 3rd Practicing optometry without a license (1) 3rd Practicing nursing without a license (2) 3rd Practicing pharmacy without a license (1) 3rd Practicing dentistry or dental hygiene without a license rd Practicing midwifery without a license rd Delivering respiratory care services without a license (1) 3rd Practicing as clinical laboratory personnel without a license (9) 3rd Practicing medical physics without a license (1)(c) 3rd Preparing or dispensing optical devices without a prescription rd Dispensing hearing aids without a license (2) 1st Conviction of any violation of ss in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims (8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business (5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20, (10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution (10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations (10)(b) 3rd Sexual predator working where children regularly congregate (10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator (3) 2nd Attempted felony murder of a person by a person other than CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 14

177 the perpetrator or the perpetrator of an attempted felony (1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter) nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide) nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide) (1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement (1)(a)2. 2nd Aggravated battery; using deadly weapon (1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant (4) 3rd Aggravated stalking; violation of injunction or court order (7) 3rd Aggravated stalking; violation of court order (2)(d) 1st Aggravated battery on law enforcement officer (1)(a) 1st Aggravated battery on sexually violent predators facility staff (2)(a) 1st Aggravated battery on a person 65 years of age or older (1) 1st Aggravated battery on specified official or employee (1) 1st Aggravated battery by detained person on visitor or other detainee (1) 1st Aggravated battery on code inspector (4) 1st Specified weapons violation subsequent to previous conviction of s (1) or (2) (1) 1st Discharge of a machine gun under specified circumstances (2) 2nd Manufacture, sell, possess, or deliver hoax bomb (3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony (3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction (4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s (4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age nd Procuring any person under 16 years for prostitution (5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years (5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older (2) 2nd Maliciously damage structure by fire or explosive (3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 15

178 battery (3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery (3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery (3)(e) 2nd Burglary of authorized emergency vehicle (2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft (2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree (2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft (2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle (2)(a) 1st Theft from person 65 years of age or older; $50,000 or more (2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property (2)(a) 2nd Robbery by sudden snatching (2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon (8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud (9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision (11)(c) 1st Insurance fraud; property value $100,000 or more (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity (3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement (2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100, (3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement (3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older (2) 3rd Giving false information about alleged capital felony to a law enforcement officer nd Bribery nd Unlawful compensation or reward for official behavior (3)(a) 2nd Unlawful harm to a public servant nd Bid tampering (3) 3rd Solicitation of a child, via a computer service, to commit an CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 16

179 unlawful sex act (4) 2nd Traveling to meet a minor to commit an unlawful sex act nd Abuse of a dead human body st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity (1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s (1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center (1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s (1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site (4)(a) 1st Deliver to minor cocaine (or other s (1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) (1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams (1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams (1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms (1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams (2) 2nd Possession of place for trafficking in or manufacturing of controlled substance (5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20, (4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20, (4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements (8) 2nd Sexual offender; remains in state after indicating intent to CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 17

180 leave; failure to comply with reporting requirements (9)(a) 3rd Sexual offender; failure to comply with reporting requirements (13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender (14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification (9) 3rd Sexual offender; failure to comply with reporting requirements (10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph (12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender (13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification (10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph (12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender (13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. (h) LEVEL 8 Florida Statute Felony Degree Description (3)(c)3.a. 2nd DUI manslaughter (4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death (3)(c)3. 2nd Vessel BUI manslaughter (7) 1st Knowing trafficking in contraband prescription drugs (8) 1st Knowing forgery of prescription labels or prescription drug labels (8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter (5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100, (10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions (2)(a) 1st Accessory after the fact, capital felony (4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 18

181 discharging bomb (2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s (3) (1)(b) 1st Committing vehicular homicide and failing to render aid or give information (2) 1st Committing vessel homicide and failing to render aid or give information (3) 1st Discharging a destructive device which results in bodily harm or property damage (5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury (3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state (4) 2nd Lewd or lascivious battery (1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure (2)(a) 1st,PBL Burglary with assault or battery (2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon (2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage (2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree (2)(b) 1st Robbery with a weapon (2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon (6) 2nd Fraudulent use of personal identification information of an individual under the age of (2) 1st Aggravated abuse of an elderly person or disabled adult (2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult (2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more (2) 2nd Perjury in official proceedings relating to prosecution of a capital felony (2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony (2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm st Aircraft piracy (1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s (1)(a) or (b) (2)(b) 1st Purchase in excess of 10 grams of any substance specified in s (1)(a) or (b) (6)(c) 1st Possess in excess of 10 grams of any substance specified in s (1)(a) or (b). CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 19

182 (1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams (3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there (1) 1st Use or invest proceeds derived from pattern of racketeering activity (2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property (3) 1st Conduct or participate in any enterprise through pattern of racketeering activity (5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100, (4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. (i) LEVEL 9 Florida Statute Felony Degree Description (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more (9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm (8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 20

183 (5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100, (10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution st Aggravated white collar crime (1) 1st Attempt, conspire, or solicit to commit premeditated murder (3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies (1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s (3) (2) 1st Aggravated manslaughter of an elderly person or disabled adult (1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage (1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony (1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function (3)(a) 1st False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition st Attempted capital destructive device offense (2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction (2) 1st Attempted sexual battery; victim less than 12 years of age (2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years (4) 1st Sexual battery; victim 12 years or older, certain circumstances (8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority (2) 1st Female genital mutilation; victim younger than 18 years of age (5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older (2)(a) 1st,PBL Robbery with firearm or other deadly weapon (2)(a) 1st,PBL Carjacking; firearm or other deadly weapon (2)(b) 1st Home-invasion robbery with weapon (7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority (2) 1st Aggravated child abuse (1) 1st Selling, or otherwise transferring custody or control, of a minor. CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 21

184 (2) 1st Purchasing, or otherwise obtaining custody or control, of a minor st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person st Attempted capital trafficking offense (1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more (5)(c) 1st Money laundering, financial instruments totaling or exceeding $100, (4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. (j) LEVEL 10 Florida Statute Felony Degree Description (10) 1st Knowing sale or purchase of contraband prescription drugs resulting in death (2) 1st,PBL Unlawful killing of human; act is homicide, unpremeditated (1)(a)3. 1st,PBL Kidnapping; inflict bodily harm upon or terrorize victim (3)(a) Life Kidnapping; child under age 13, perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition (3) 1st Aggravated manslaughter of a child (3) Life Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury (2)(a) 1st,PBL Home-invasion robbery with firearm or other deadly weapon st Treason against the state. Last modified: March 26, 2010 CompKit: Florida 2010 Offense Severity Ranking Chart October 2010 Page 22