Competency Restoration Program (CRP)

EDUCATION WORKBOOK

YOUR NAME:_________________________________________

Revised December 2012 1

 WORKBOOK FOR THE
COMPETENCY RESTORATION PROGRAM

You have been sent to CRP to help you understand your legal rights, what goes on in
court, how you may assist your defense attorney, and how to participate appropriately in
your upcoming criminal proceedings.

The Court has ruled that you are not competent to stand trial on the crime(s) you are
charged with. Competency to stand trial requires you to understand the nature and purpose
of the legal proceedings against you. This means you need to be able to cooperate with
counsel in your defense. You must be able to understand the charge against you and the
penalties if you are convicted. Have any understanding of the courtroom procedure and the
duties of the people in the courtroom. You need a factual understanding of the legal system
and what will occur as you proceed to court.

Once the CRP Treatment Team thinks you have benefited as much as you can from
treatment, you will be evaluated on your competence to stand trial for the crime(s) with
which you are charged. An evaluation of your competence must take place at the minimum
every six months (unless ordered sooner by the court). This evaluation will be sent to the
court to make a decision about your competence to stand trial.

During your treatment at CRP you will be asked to show you understand you rights and
what happens in court. You may read this book on your own and ask questions of the CRP
Treatment Team.

This workbook contains facts about what happens in court. You will need to learn this
information as part of your ability to become competent to stand trial. PLEASE READ
and STUDY THESE ITEMS. If you have questions or do not understand something as
you read this workbook make notes and ask the CRP Treatment Team for help. If you
choose to make notes about your specific case in this workbook, make sure to keep your
workbook in a safe place to protect your private information.

THANK YOU!

Revised December 2012 2

 Part One: What is Competency?
Definition of Competency:

Competency is about how you are doing right now and not how you were doing when you allegedly
committed the crime. Competent to stand trial means that at the present time (HERE AND NOW) you can
demonstrate the following:

You know your legal rights Understand the definitions and

meanings of different legal words

Understand your charges and Understand the facts in your case

penalties

Help your lawyer in your defense Maintain appropriate behavior in

with a calm and rational manner the courtroom

You know the jobs of the people in the courtroom:

-Judge
-Prosecutor
-Defense lawyer
-Defendant
-Bailiff
-Court reporter
-Clerk

You must also be able to have a rational (non-delusional) understanding of

your charges and the consequences of those charges. This does not mean that
you agree with what you are being charged with it simply means that you
understand what is stated in your criminal complaint charging you with an
offense.

Finally, you are able to learn ways to manage your mental illness which
may include taking prescribed medication, so you can help your defense
attorney in getting a fair trial.

Why are you currently “Not competent to stand trial”?

Revised December 2012 3
  You have been charged with an alleged crime and during the legal process your competence (in
one or more of the areas listed above) was questioned.

 The court ordered that an evaluation of your competence be completed and an evaluator wrote a
report that gave the opinion you were “not competent to stand trial.” The judge then ruled and
agreed that you were not competent; making the ruling final.

REMEMBER every case is different, but here are some examples of why the court may
have found you not competent:

 You may have limited education or limited knowledge about the legal system.
 You may not have been taking your medication regularly.
 You may not have previously used other recommended treatments for your mental illness that may
have contributed to irrational thought processes regarding your case and/or the legal system.
 The symptoms of your mental illness may have prevented you from working appropriately with
your attorney.
 You may have not able to understand the charges against you.

Revised December 2012 4

 Steps in Legal Process of Becoming “Competent to Stand Trial”

Alleged
Crime

Arrest

Pretrial
Evaluation
Rule 20.01,
Subdv. 4

Judge
Decides

Competent Not Competent

Go to Treatment at
Trial CRP

Re-evaluation
of Competency
Rule 20.01,
Subdv7

Revised December 2012 5

4. Competency Restoration Process

 The CRP Treatment Team consists of you and all the staff who contribute to your
treatment, including direct care staff, nurses, social workers, psychologists, psychiatrists,
recreational therapists, and occupational therapists.

 The CRP Treatment Team members will provide treatment for you with medications, legal
education, therapy, and group activities.

 The Treatment Team will observe your progress towards demonstrating a rational
understanding of your charges, legal rights, and upcoming court proceedings.

 The Treatment Team will also decide if your mental illness is stable – meaning you can be
rational in expressing your feelings and thoughts, your behavior is well controlled, and the
symptoms of your illness will not interfere with your ability to maintain appropriate
behavior in courtroom or help your lawyer with your defense.

 Once you have shown that you know the facts about the court and your mental illness is
stable, the CRP Treatment Team will refer you for a re-evaluation of your competency.

 A report will be written and sent to the court. The judge will use this report to decide if
you have been restored to competency.

5. Types of Rule 20 Court Ordered Evaluations

A. Rule 20.01, Subdivision 4

 This is the original evaluation of your competence to stand trial.

 This evaluation was completed before you came to CRP. The evaluator’s opinion was that
you were not competent to stand trial. The judge agreed and ordered you to receive
treatment at CRP to restore your competency.

B. Rule 20.01, Subdivision 7

 This is the evaluation that will occur while you are at CRP

 This evaluation looks at your ability HERE AND NOW to help with your defense and
participate in your court proceedings.

 Once the CRP Treatment Team thinks you have benefited as much as you can from your
treatment they will refer you for this evaluation.

C. Rule 20.02

 This evaluation is NOT related to your treatment at CRP.

Revised December 2012 6

  This evaluation is about your ability to understand your actions AT THE TIME you
committed your alleged crime.

 This evaluation is used as part of a Not Guilty by Reason of Mental Illness or Mental
Deficiency defense. You MUST be competent to stand trial in order to attempt this
criminal defense.

Part Two: People in the Courtroom

Defendant: This is you—the person charged with doing a crime or

breaking the law. You have the right not to talk in court. Your lawyer
will talk for you.

Defense Attorney: This is the lawyer working for you. His job is to
prove you are not guilty, or get you the best deal possible.

Judge: The judge is the boss or top person in the courtroom. He or

she is like a referee in a game. His or her job is to:

 Make sure your rights are protected and the appropriate laws
followed
 Make sure the defense and prosecution lawyers follow the law and
courtroom procedures
 Punish witnesses who lie
 In a bench trial - decide if you are guilty or innocent based on the
evidence your lawyer and the prosecutor present or show
 In a jury trial – make sure the jurors follow the law and courtroom
procedures
 Decide the sentence when a defendant is found guilty

Prosecutor: This is the lawyer working for the county or state. Their
job is to prove or show the judge or jury that you are guilty or did the
alleged crime.

Revised December 2012 7

 Witness: This is a person who knows something or saw something
about the crime. The witness must answer questions about what they
know about the crime. The prosecutor and your defense attorney can
each have witnesses. Your defense attorney and the prosecutor will
ask all of the witnesses’ questions. Sometimes that judge will also ask
questions.

Court Reporter: This person types on a small machine about

everything anyone says in court. This record is important if your case is
appealed to a higher court.

Clerk of the Court: This person works for the judge like a secretary.
They complete a variety of tasks for the judge. This includes
scheduling hearings, taking care of evidence, and swearing in witnesses
(giving them the oath to tell the truth).

Bailiff: This person is like a police officer in court. They often wear a
police uniform. Their job is to protect and serve the court under the
direction of the judge.

Jury: This is a group of 6 to 12 citizens from the community. They

listen to witness testimony and review evidence presented by the
prosecutor and your defense attorney. They decide together if you are
guilty of the crime. They are only allowed to talk to each other about
the things they hear in court.

Revised December 2012 8

Revised December 2012 9
Revised December 2012 10
 Part Three: Roles of Prosecuting and Defense Attorneys

1. Defense Attorney

Other names for “Defense Attorney”

 Public Defender  Defense Counsel  Your lawyer

A. What does your defense attorney do?

Your attorney will help you and is ON YOUR SIDE. He is required by the court to help you
as much as possible. The prosecuting and defense attorneys are like coaches for opposing
teams in a game. Your defense attorney will coach you about what you should do and what
you should expect in court.

B. Defense attorney’s goal

The goal of your attorney is to keep the prosecutor from proving you are guilty. He DOES
NOT HAVE TO PROVE THAT YOU ARE INNOCENT. He only has to show enough
evidence to make the jury “reasonably doubt” that you are guilty. He will present witnesses
and evidence that show you did not commit the alleged crime.

C. What is a Public Defender?

A Public Defender is an attorney the court has assigned to you if you cannot afford to pay for
your own attorney. They are appointed to help you defend yourself against your charges
and/or get you the best plea bargain. The requirements to become a public defender are they
must attend and complete law school and pass the bar exam. Even though the Public Defender
is appointed to you by the court, he is NOT ON THE SIDE OF THE PROSECUTOR. The
Public Defender helps you as best as they can in consistent with the rules of the court.

D. Why is it important to help my defense attorney?

Your defense attorney needs your help to do the best job he can. It is helpful for him to know
everything you know or remember about your alleged crime. If there is information you keep
from your defense attorney, it could come out later and harm your defense. All information
you tell him is CONFIDENTIAL. This means your defense lawyer cannot tell anyone what
you have told him without your permission and does not have to tell the court everything you
have said. He will tell you what confidential information he thinks would be good to use in
court and what would not be good, but you make the final decisions.

Remember, it is a good idea to share all you know about the alleged crime. It can be difficult
for your defense attorney to do the best job for you if he does not know everything about the
case. Defense attorneys can and must share concerns about your competency. This is not
considered a breach of confidentiality. This is why a competency evaluation can be ordered in
your case.

Revised December 2012 11

 2. Prosecuting Attorney

Other names for “Prosecuting Attorney”

 District Attorney (DA)  State’s Attorney  Prosecutor

A. What does the Prosecuting attorney do?

The prosecuting attorney is NOT ON YOUR SIDE. The role of the prosecuting attorney is to
prove to the jury that you are guilty of the alleged crime.

B. Prosecuting attorney’s goal

The prosecuting attorney uses witnesses and evidence to try to make the jury believe you are
guilty “beyond a reasonable doubt”. They will work hard to ensure you are found guilty.

C. Can you talk to the Prosecuting Attorney?

It is not a good idea to talk to the prosecuting attorney without your defense attorney present.
It is helpful to have your defense attorney with you to help make decisions about what to say
and how much to say. REMEMBER, the prosecuting attorney IS NOT ON YOUR SIDE. You
and your attorney may talk to the prosecuting attorney outside of the courtroom when you are
discussing possible plea bargains.

Revised December 2012 12

 Part Four: Charges
What is a charge?
It is the official statement of what you are accused of doing that broke the law. It results in the state
“prosecuting” the defendant.

What is a Criminal Complaint?

It is a report of important facts about the alleged crime. It gives information about what evidence could be
used and who the witness might be. It is filed by prosecutor’s office with the court which begins the
criminal process.

Levels of Charges

Misdemeanor: It is the least serious level of crime and could also be known as minor or petty crime.
Many misdemeanors are punished with monetary fines. There is usually little or no injury inflicted on
another person or to the common good of the state.

 Sentences for Misdemeanors are generally a fine up to $1000 or up to 90 days in jail or both (jail
and fine).

Gross Misdemeanor: This is the name given to crimes that are less serious than Felony charges but more
serious than misdemeanor charges.

 Sentences for a Gross Misdemeanor are generally a fine of up to $3,000 or up to a year in jail or
both (jail and fine).

Felony: This is the name given to the most serious crimes. Felonies are crimes that have the most severe
punishment.

 Sentences for a Felony vary, they’re generally prison for more than one year or a fine or both
(prison and fine) they’re specific to each crime.

Revised December 2012 13

 Part Five: Pleas and Sentences
What is a plea?
It is a defendant’s answer to a criminal charge. Choices are guilty, not guilty and not guilty by reason of
mental illness. In order to enter a plea the court must accept the plea from the defendant (you); your
attorney will help you enter a plea. You must also be competent to enter a plea.

Enter a plea
The plea will help determine which direction the criminal process will go. You usually enter a plea at a
hearing after you are found competent. There are different pleas that you and your attorney can enter
when you return to court.

Go to
Competent court

Enter
a Plea

Not
Not Guilty by
Guilty Reason of
Guilty
Mental Illness
or Mental
Deficiency

Go to
Trial
Sentence Rule 20.02
evaluation

Revised December 2012 14

 Verdic
t
Types of Pleas

A. Guilty – This means you are saying you did the crime for which you are charged. If you
plead guilty, there is no need for a trial. Instead, you would then have a sentencing
hearing. This is the hearing when the judge gives you the sentence, or punishment, for the
crime.

Sentences:

 Jail  Fine
Guilty Restitution
 Prison 
 Probation  House arrest
 da

What is a sentence?

A sentence is the punishment, or consequence, you receive when you are found guilty of
committing the crime for which you are charged. Judges can combine two or more of the options
below to create sentences for defendants found guilty.

Types of Sentences:

A. Jail: If your crime is a misdemeanor or gross misdemeanor you might be sent to jail for
a sentence of one year or less.

B. Prison: If your crime is a felony you might be sent to prison for a year and a day or
more.

C. Probation: On probation, you would have to meet or follow several conditions set by
the court. The conditions of probation are responsibilities such as: taking your
medications as prescribed, being at home by a certain hour, going to school or getting a
job, seeing your probation officer at certain times, not being around others on probation
or parole, not drinking alcohol or using drugs, and having no weapons.

D. Fine: A fine can take many forms. You may have to work off a fine with community
service hours or pay the fine in money to the courts. The judge will tell you the amount
of your fine and how your fine is to be paid.

E. Restitution: This is when you have to give back or pay for the item or property damage
you committed to the rightful owner.

F. House arrest: It is possible that you will not need to go to jail or prison but still need
to report to the Department of Corrections to be closely monitored or this can also

Revised December 2012 15

 occur after a release from jail or prison,. For example, you may be on house arrest and
required to wear an ankle bracelet or you could serve your time at a workhouse.

B. Not guilty – This means you are saying you did not do the crime for which you are
charged. There will then be a trial to decide if you are not guilty. Your attorney will talk to
you about the strengths of the case against you and if you have a good chance of being
found not guilty. If the jury/judge decides you are not guilty, you would be released and
could go home.

Not Get
Guilty Released

C. Not Guilty by Reason of Mental Illness or Mental Deficiency – This means you are not
guilty because you were mentally ill or mentally deficient at the time of the crime. You are
admitting you committed the crime, but at the time of the crime your mental illness or
deficiency kept you from knowing what you were doing or that your actions were wrong.

 If you use this plea, you and your lawyer have to prove or show you were mentally ill
or mentally deficient at the time the crime was committed.

 Generally, the judge will sentence you to court ordered mental health treatment if the
court accepts this plea. The amount of time you stay in treatment will vary. Your
treatment will be reviewed periodically by the treatment team along with the county.
Based on your progress in treatment, the team and the county will decide the amount of
time you need to remain in the hospital with no pre-determined end date. You may
actually stay in the hospital longer than a criminal sentence for the same offense.

Not Guilty by
Reason of
Mental Illness Receive Court
or Mental Ordered Treatment
Deficiency

D. What is a Verdict? - Verdict is the jury’s finding or decision issued to the defendant
based on the evidence that was presented in their trial. The jury presents the decision to
the court. If there is not a jury trial the judge makes the decision from the evidence
presented in the bench trial.

Revised December 2012 16

 Part Six: Plea Bargaining

1. Plea Bargaining or Plea Agreement:

 This is when you plead guilty to a charge and that charge could be changed to one that is not as
severe as the charge you were first given and you could be sentenced to a shorter period of
time. Generally, the prosecuting attorney is the one that offers you a less severe sentence or
less time to serve.

 To receive a PLEA BARGAIN all of the parties in your case (you, your defense attorney, and
the prosecuting attorney) agree on a deal regarding what you will plead guilty to and what
sentence you will receive. The judge also needs to approve the agreement.

o REMEMBER: If you do agree to a plea bargain, you are pleading GUILTY to a

charge and will lose (WAIVE) many of your rights. For example, if you plead
guilty you waive your right to a trial, to present evidence and challenge witnesses.
It is your right to discuss your plea bargain options with your attorney to help you
make the best decision.

 After everyone agrees on the plea bargain, the judge will SENTENCE you for the offense to
which you plead guilty.

2. What would you get out of a plea bargain?

You receive a less severe sentence than you would if you were found guilty of the original
charge(s). This is because the original charge(s) were more severe. Your charge(s) could also be
dropped.

3. What would the prosecuting attorney get out of a plea bargain?

The prosecuting attorney will achieve their goal of getting a guilty conviction. Plea bargaining is
also a less time consuming process for the court and less expensive.

Example:
Pleading guilty with an Alford/No Contest Plea- This means that you are accepting the plea of guilty, but
you do not admit to the crime. This is because the evidence is strong against you. You believe that the
prosecutor could prove beyond a reasonable doubt you are guilty, so you are willing to state "I'm guilty
but I didn't do it” by taking an Alford Plea. You would not be admitting guilt with the Alford plea.
 For example the defendant has no memory of the related events due to intoxication or amnesia. A
defendant making an Alford plea maintains his innocence of the offense charged. One reason for
making such a plea may be to avoid being convicted on a more serious charge. Acceptance of an
Alford plea is the court's choice.
Revised December 2012 17
 Guilty with Court
an Alford/No decision
Contest Plea

Revised December 2012 18

 Part Seven: TESTIMONY AND EVIDENCE
1. Evidence:
Evidence is any information that is presented during your trial that helps the prosecutor show you
committed the crime OR helps your defense attorney show you did not commit the crime.
Evidence can be used to help you or can be used against you. Sometimes evidence is called the
“proof” it can be either direct or indirect evidence.

Direct Evidence- It is straightforward evidence that supports the guilt or innocence of you.

Indirect Evidence- It is evidence that provided only a basis of allegations about the crime

Both can be against you and for you.

Two types of evidence:

Direct or Physical evidence: These are the physical objects (that can be touched, held,
shown, smelled, heard, etc.) that help the prosecuting attorney show you committed the crime.
It is direct evidence that is generally the STRONGEST evidence because it is hard for the
defense attorney to make the jury and/or judge “reasonably doubt” that it connects you to the
crime.

Examples of physical evidence:

Fingerprints Body fluids/DNA
Weapons Documents
Pictures Video/audio tape

Indirect or Circumstantial evidence: This is the kind of evidence that you normally cannot
physically see, touch, hear, etc. This is information that helps show you may have committed
the crime. This is the generally considered weaker evidence because it is easy to dispute or
find a different explanation. Black’s Law Dictionary states that circumstantial evidence is “all
evidence that is not given by eyewitness testimony.” A different explanation can make the jury
or judge “reasonably doubt” that the circumstantial evidence connects you to the crime.

Scenario:
 A witness makes a statement that they saw the defendant enter a house and heard screaming. They
then saw the defendant leave with a bloody knife, this gives circumstantial evidence. It is the
implication, and not the obviousness of a conclusion, that determines whether or not evidence is
circumstantial.
Examples of circumstantial evidence:
Motive – why you might have committed this crime (e.g., Money)
Opportunity – did you have the possibility to commit the crime (e.g., You had the
keys to the bank that was robbed)
Suspicion- a witness believes you did it due to other events, during and/or after the
alleged crime was committed.

Revised December 2012 19

2. How is evidence used in the Courtroom?

Prosecuting Attorney’s Evidence: This is the evidence that will be used AGAINST you. In
order to prove you are guilty “beyond a reasonable doubt,” the prosecuting attorney MUST do the
following:
 Show that the evidence is related to the crime
 Prove that the evidence ties YOU to the crime

Defense Attorney’s Evidence: This is evidence that will HELP you by showing you did not
commit the crime. Your defense attorney only has to present enough evidence to get the judge or
jury to “reasonably doubt” that it was you who committed the crime.

3. Witness Testimony

Witnesses are people who saw or heard something and have information about the crime.
Witnesses testify, or provide testimony (answer questions asked of them), during the course of a
trial. This is the way the witness tells the court what they know about the alleged crime.

All witnesses take an OATH to tell the truth. An oath is when you swear to tell the truth in court.

A witness who does not tell the truth in court can be charged with PERJURY. Perjury is lying
while under oath in court.

4. Types of witnesses/testimony:

Eye witness testimony: An eye witness is someone who actually saw the alleged crime happen.

Example: A convenience store cashier who identifies the defendant as the person who
stole money from the cash register.

Expert witness testimony: An expert witness is someone who the court says is an “expert” on a
certain subject. They know more about that subject than most people do. If they testify in court, it
is ONLY related to the subject they are considered an “expert”.

Example: The psychiatrist who will testify about the severity of your mental illness.

Character witness testimony: A character witness is someone who knows you and can tell the
court what kind of person you are.

Example: A landlord who would testify you always paid your rent on time.

 Key witnesses: Key witnesses are those that have information that is VERY
IMPORTANT, or KEY, to an attorney’s case. Both the prosecuting and defense
attorneys are likely to have key witnesses who will provide testimony that is very
important to their case. While you may be tempted to think an eye witness is the
only type of key witness, it is important to remember a key witness can come from

Revised December 2012 20

 any of the types of witnesses listed above. For example, in your recent Rule 20
proceeding, the psychologist could have been used as a key witness.

5. Do you have to testify?

Defendant’s (your) testimony: You do NOT have to testify in court and the judge or prosecutor
CANNOT order you to testify. Only your attorney can ask you to testify. Most defense attorneys
DO NOT ask defendants to testify in court. However, if a defense attorney asks a defendant to
testify and they will prepare the defendant before they take the stand. If you agree to testify it is
important to remember the prosecutor and judge could ask questions and you would have to
answer the questions.

REMEMBER: Your defense attorney is ON YOUR SIDE. Your attorney cannot make you
testify, however, it is important to listen to their reasons for recommending that you do or do not
take the stand.

Revised December 2012 21

 Part Eight: Your Rights
1. Basic Rights

Individuals often have difficulty remembering their rights in the criminal justice system, so here is
an acronym to help you remember your rights. An acronym is a word or phrase in which each
letter stands for one of the rights. To help you recall your rights, just remember “NEWS AT 6”:

 NOT GUITLY: You have the right to PLEAD NOT GUILTY. Even if you did the crime you
are charged with, you can still plead not guilty.

 EVIDENCE:

o You have the right to PRESENT EVIDENCE in your defense. This will help to
prove you are not guilty of the alleged crime. You also have the right to challenge
evidence presented by the prosecutor.

 WITNESSES:
o You have the right to make WITNESSES testify in your defense. This will help to
prove you are not guilty of the alleged crime.
o You have the right to CONFRONT WITNESSES who have testified against you.
This means you have the right to challenge what the witnesses have said in the
courtroom. Your defense attorney will do this for you because she represents you.
She will ask the prosecuting attorney’s witnesses in an attempt to show they are
incorrect or not telling the truth.

 SILENT: You have the right to REMAIN SILENT or not speak or testify against yourself
(that is called self-incrimination). Your defense attorney will speak for you. Your lawyer may
suggest that you testify in court but it is not required. If you speak in court, the prosecuting
attorney can ask you questions to try to make you look guilty. It should be noted that once you
take the stand you can no longer use the right to remain silent and you must answer the
questions the judge or prosecutor asks you.

 ATTORNEY: You have the right to an ATTORNEY who will help you with every part of the
criminal proceedings against you. If you do not have enough money to pay for a lawyer, a
public defender will be assigned your case. This public defender is on your side and is
required to help you as much as a paid defense attorney will.

 TRIAL: You have the right to a TRIAL. A trial cannot occur until you are competent to
proceed. A trial is when the prosecuting attorney tries to prove you did the crime and your
defense attorney tried to prove you did not do the crime.

 6: YOU HAVE SIX BASIC RIGHTS!!!

Revised December 2012 22

 Part Nine: Trials and Hearings

1. Hearings

During these court proceedings the judge makes decisions related to court proceeding. Hearings
DO NOT have a verdict resulting in the defendant being found “guilty” or “not guilty”.

Examples of Hearings:

 Arraignment  Competency

 Preliminary  Sentencing

2. Trials

This is the court proceeding that focuses on deciding if you are “guilty” or “not guilty” (the
verdict) of the crime you are charged with.

What is a Jury?

A. Jury Trial: A jury is group of 6 to 12 people chosen randomly from the community. They
listen to all the evidence and testimony in the case and decide if the defendant is guilty or
not guilty. When all of the testimony’s and evidence is presented, jury members meet in a
separate room to discuss the case and decide the verdict. ALL jury members must agree
on the same verdict to convict the defendant of the charges.

NOTE: If the jury cannot agree it is considered a hung jury and the judge would declare a
mistrial. If a mistrial is declared, the prosecutor can decide to drop the charges or start the
trial process over with a new jury.

 The prosecuting attorney has to prove to all jury members of the jury that you are
guilty. This is generally a slower court process than a bench trial.

 The prosecuting and defense attorneys help pick the jury and will try to find people
that are helpful for their case. The defendant is also involved in picking the jury.

 Jurors are not legally trained. They are chosen at random from the community.

What is a Bench Trial?

B. Bench Trial: This is a trial that has no jury. In this trial, a judge looks at all of the
evidence and decides if you are guilty or not guilty.

 The judge is knowledgeable about the law. This can be helpful if there’re many
technical details in the case.

Revised December 2012 23

  This is generally a faster trial because there is only one person ( judge) to hear the
evidence and testimony and decide the verdict.

Revised December 2012 24

 Part Ten: Aiding in Your Defense
1. Courtroom Behavior and Appearance

A. Appropriate Behavior: You must not act out in court. You may be given a warning by the
judge for poor behavior. If you cannot manage your behavior, you could be taken out of the
courtroom or your trial could be delayed or continue without you. The judge could also give
you
additional
charges for
NOTE: If you have symptoms of a mental illness you can be removed from court. your poor
For example this could be why someone comes to CRP. The court is not allowed behavior such
to continue if someone has active symptoms of a mental illness that would as contempt
interfere with getting a fair trial.
of court.

 Be polite, sit quietly and listen to what is said

 Let your attorney speak for you, unless your lawyer tells you it is okay to speak
 If you need to talk to your lawyer during a court proceeding, whisper and keep it short or
write him a short note
 Do not cuss, yell, swear, or call anyone names
 Do not talk to your family or friends during the hearing or trial

B. Appropriate Dress: Make a good impression.

 No hats  No gang attire  No sunglasses

 Wear clean and neat clothes
o You do not need to be dressed up, but your clothing should be clean and neat.
Sometimes your defense attorney will suggest you dress up. Ask him for help
finding dress clothes if you do not have any.

 Shower, Shave, and Groom before you go to court.

2. How to work with your attorney

A. Cooperate with your Defense Attorney and Help Plan your Legal Strategy

Revised December 2012 25

  Tell your defense attorney what you know or remember about the offense. If a surprise
comes up, your attorney may not be prepared for it. It helps your case if your attorney is
aware of everything you know.

 NEVER LIE to your attorney.

 Tell your attorney if someone is lying about evidence or lying on the witness stand.
 Discuss your plea options with your defense attorney.
 If you have any questions about your case, what is going on in court, or about the law in
your case, ASK your defense attorney.

 If you disagree with your defense attorney, tell him. If you think you cannot work with
your attorney, talk to the judge about it – you can ask to get a different attorney.

 If you cannot reach your attorney by phone, write a letter.

3. Process of testifying in court:

When testifying in court, witnesses are asked questions by both attorneys, this is called a
testimony.

“Remember the defendant does

not have to testify”
The judge or prosecutor cannot order the
defendant to testify.

If the defendant does testify….. The prosecuting attorney will ask you questions and you will need to
answer, if you do not answer you could be charged with contempt of court. Not answering questions
could also impact your defense to the charges.

 Direct examination: This is when the witness is questioned by the attorney that
requested the witness to testify in court. The attorney that requested the witness to
testify in court will ask questions of that witness first during the trial.

 Cross examination: This is when the witness is questioned by the other attorney after
the first attorney has finished his/her questioning.

Example: If your defense attorney called a witness, he would question the

witness first (direct examination). Then the prosecuting attorney would get
a chance to question the witness when the defense attorney is done (cross
examination).

Revised December 2012 26

 Part Eleven: Individual Case Information

Section 1: What I need to know about my case

► REMEMBER: If you write personal information in this workbook, be sure to keep it in a safe place to
protect your private information.

1) What are the current legal charges against you?

2) What does the prosecutor say happened? How will the prosector prove it?

3) What is the maximum penalty for your charges if you are found guilty?

4) How will you defend yourself against the charges?

5) What is your attorney’s name? Are they working for you? What have they said about your
defense strategy?

6) What are your plea bargain options? Would you consider accepting a plea bargain? Why or Why
not?

7) How would you like to see the case resolved?

Revised December 2012 27

Section 2: My Competency Restoration Plan

► REMEMBER: If you write personal information in this workbook, be sure to keep it in a safe place to
protect your private information.

1. What are the areas the first evaluator the court and your treatment team identified that interfered
with your competence to stand trial (i.e. your ability to proceed with your criminal case)?

2. What areas should you focus on during your treatment at CRP to help restore your competence?

3. What has the CRP Treatment Team observed about you that may affect your competence? What
does the treatment team identify as the primary barrier to you competence to proceed?

4. How will you appear to the CRP Treatment Team when you are ready to be referred for another
competency evaluation? (Questions to ask yourself: Does my behavior interfere with my ability to
interact with others? Is my speech rational and coherent? Are my thoughts organized? Are there any
active signs/symptoms of my mental illness that members of the treatment team observe…even if I
disagree with them?)

Revised December 2012 28

 Part Twelve: COMPETENCY QUIZ
1. Competency to stand trial means?
a) Knowing the basic legal terms, your rights and the legal system
b) Demonstrating you can be reasonable and rational in court and the ability to help your lawyer with your
defense
c) Knowing your charges and the possible penalty if convicted
d) Any symptoms of your mental health are well managed
e) All of the above

2. What is my charge____________________________________________________________________

3. What are my possible penalties and sentence________________________________________________

4. Who is the defendant in court?

a) Your mother
b) Yourself
c) Your lawyer

5. What is the role of the judge?

a) Make sure the rule of law is followed in a trial
b) Decide your sentence
c) In a bench trial, decide if you are not guilty or guilty
d) All of the above

6. Who is trying to prove you are guilty in court?

a) Your doctor
b) Public defender/defense attorney
c) Prosecuting attorney/district attorney/state’s attorney

7. A felony is the most serious level of charge.

a) True
b) False

8. The Rule 20 evaluation done at CRP looks at?

a) Your competency at the time of the alleged crime
b) Whether or not you are competent to stand trial at the present time
c) Whether you are guilty or not guilty

9. Treatment while at CRP will include?

a) Playing golf with your doctor
b) Medications, legal education, group activities, therapy
c) Group activities, sleeping all day, medications, therapy

10. What happens after you’ve met with the Forensic Examiner and completed the evaluation?
a) The report is written and sent to the court
b) The judge will use the report to decide if you have been restored to competency
c) A competency hearing will be scheduled.
d) If found competent at the hearing, the criminal charge(s) are re-instated
e) The discharge plan is approved (either direct to jail or provisional to the community)
f) All of the above
Revised December 2012 29
11. If you are found guilty, what would happen to you?
a) Go to jail
b) Go home
c) Be sentenced

12. All of the following are types of pleas except for:

a) Guilty by reason of mental illness of mental deficiency
b) Not guilty by reason of mental illness or mental deficiency
c) Not guilty
d) Guilty

13. What are ways to help you attorney?

a) Never lie, listen, know your case and manage your mental health
b) Never lie, listen, do not know you case and manage your mental health
c) Lie, do not listen, know you case and do not manage your mental health

14. What is a plea?

a) A defendant’s response to the court about the criminal charge(s)
b) The prosecutors opinion about your care
c) The judge’s answer to a criminal charge

15. The process of making a deal is called?

a) Asking for forgiveness
b) Accepting you are guilty
c) Plea bargaining

16. Plea bargaining involves…

a) Pleading guilty to the same charge
b) Pleading not guilty
c) Pleading guilty to a lesser charge to receive a reduced sentence

17. What is an Alford Plea?

a) You accepting the plea of guilty, but you do not admit to the crime
b) You agree you are guilty
c) You refuse to work with your defense attorney

18. What is the advantage of plea bargaining?

a) Your lawyer will like you better
b) You don’t have to go to jail
c) You can decrease your penalty/sentence

19. What is a bench trial?

a) There is no jury
b) The judge determines the guilty or not guilty verdict
c) All of the above

20. What does a judge do?

a) Punish witnesses who lie under oath
b) Acts like a referee and makes sure the rules and laws are followed
c) Decides guilty or not guilty
Revised December 2012 30
 d) Decides sentence when a defendant is guilty
e) All of the above

21. Who makes up a jury?

a) 6-12 lawyers from the community
b) 6-12 children from the community
c) 6-12 citizens from the community
d) Members of the CRP team

22. What is the difference between hearing and trials? ____________________________________________

23. What type of sentence is NOT correct?

a) Jail
b) Prison
c) CRP
d) Fine
e) All the above

24. When is the correct time you should talk about your case in court?
a) When you have the right answer
b) When you are on the witness on the stand
c) When you have something to say

25. Who is a witness?

a) Someone who works for the court
b) Someone who knows something or saw something about the crime
c) Someone who knows something about the legal system

26. What is physical evidence?

a) Something that is hard to prove
b) Physical objects that can be touched, held, shown, smelled or heard
c) Something you cannot see or touch

27. What is Perjury? _______________________________________________________________________

28. What is contempt of court?

a) Following the rules of the court room
b) Not following the rule of the court room
c) Both A and B

29. Who uses evidence in the courtroom?

a) CRP staff
b) The jury
c) the prosecuting and defense attorneys
d) The Judge
e) B, C and D

30. What are your basic rights?

a) The right to plead not guilty
b) The right to present and challenge evidence
c) The right to present witness and confront witnesses who testify against you
Revised December 2012 31
 d) The right to remain silent
e) The right to an attorney
f) The right to a trial
g) All of the above

31. What is the only way a defendant can testify?

a) The judge orders to testify
b) The prosecutor asks you to testify
c) You’re defense attorney feels it will help your case and you agree
d) All of the above

32. Why do you need to know the facts of your criminal charge(s)?__________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________

33. Everyone has a right to a fair trial?

a) False
b) True

Revised December 2012 32

 Appendix A
Minnesota Rules of Criminal Procedure
Rule 20.01 Competency Proceedings

Subd. 1. Waiver of Counsel in Competency Proceedings. A defendant must not be allowed to

waive counsel if the defendant lacks ability to:

(a) knowingly, voluntarily, and intelligently waive the right to counsel;

(b) appreciate the consequences of proceeding without counsel;
(c) comprehend the nature of the charge;
(d) comprehend the nature of the proceedings;
(e) comprehend the possible punishment; or
(f) comprehend any other matters essential to understanding the case.

The court must not proceed under this rule before a lawyer consults with the defendant and has an
opportunity to be heard.

Subd. 2. Competency to Participate in the Proceedings. A defendant is incompetent and must not
plead, be tried, or be sentenced if the defendant lacks ability to:

(a) rationally consult with counsel; or

(b) understand the proceedings or participate in the defense due to mental illness or deficiency.

Subd. 3. Competency Motion. If the prosecutor, defense counsel, or the court, at any time, doubts
the defendant’s competency, the prosecutor or defense counsel must make a motion challenging
competency, or the court on its initiative must raise the issue. The defendant’s consent is not required.
The motion must provide supporting facts, but must not include communications between the defendant
and defense counsel if disclosure would violate the attorney-client privilege. By bringing the motion,
defense counsel does not waive the attorney-client privilege. If the court determines that reason exists to
doubt the defendant’s competency, the court must suspend the criminal proceedings and proceed as
follows.

(a) In misdemeanor cases, the court must:

(1) proceed under this rule as in felony or gross misdemeanor cases;

(2) begin civil commitment proceedings; or
(3) dismiss the case, unless dismissal would be contrary to the public interest.

(b) In felony or gross misdemeanor cases, the court must, on motion, determine probable cause. If
probable cause exists, the court must order an examination of the defendant’s mental condition. If no
probable cause exists, the charges must be dismissed.

Subd. 4. Examination and Report.

(a) Medical Examination. The court must appoint at least one examiner as defined in Minn. Stat. ch.
253B, or successor statute, to examine the defendant and report to the court on the defendant’s mental
condition.

If the defendant is entitled to release, and the examination can be done on an outpatient basis, the
court cannot order the defendant to be confined for the examination. The court may make appearance for

Revised December 2012 33

the examination a condition of release. If the defendant is not entitled to release or the examination
cannot be done on an outpatient basis, the court may order the defendant confined in a state hospital or
other suitable facility for up to 60 days to complete the examination.

If the prosecutor or defense counsel has a qualified examiner, the court, on request, must allow the
examiner to observe the examination and examine the defendant. Any examiner may obtain and review
the report of any prior examination under this rule.

The court must order that if any examiner appointed to examine the defendant concludes that the
defendant presents an imminent risk of serious danger to another, is imminently suicidal, or otherwise
needs emergency intervention, the examiner must promptly notify the prosecutor, defense counsel, and
the court.

(b)  Report of Examination. The court-appointed examiner must forward a written report to the judge
who ordered the examination. The court must promptly provide a copy of the report to the prosecutor and
defense counsel. The report must not be otherwise disclosed until the competency hearing. The report
must include:

(1) A diagnosis of the defendant’s mental condition.

(2) If the defendant is mentally ill or deficient, an opinion as to:

(a) the defendant’s capacity to understand the proceedings or participate in the defense;

(b) whether the defendant presents an imminent risk of serious danger to another, is
imminently suicidal, or otherwise needs emergency intervention;

(c) any treatment required for the defendant to attain or maintain competence and an
explanation of appropriate treatment alternatives by order of preference, including the extent to which the
defendant can be treated without commitment to an institution and the reasons for rejecting such treatment
if institutionalization is recommended;

(d) whether a substantial probability exists that the defendant will ever attain competency to
proceed;

(e) the estimated time required to attain competency to proceed; and

(f) the availability of acceptable treatment programs in the geographic area including the
provider and type of treatment.

(3) The factual basis for the diagnosis and opinions.

(4) If the examination could not be conducted because of the defendant’s unwillingness to
participate, an opinion, if possible, as to whether the unwillingness resulted from mental illness or
deficiency.

Subd. 5. Competency Determination.

(a) Request for Hearing. The court must hold a hearing if a party files written objections to the
competency report within ten (10) days after receipt.

(b) Hearing Process. The party that requested the competency hearing must present evidence first. If
Revised December 2012 34
the court requested the competency report, the prosecutor must present evidence first unless the court
otherwise orders.

(c) Evidence. Evidence of the defendant’s mental condition may be admitted, including the court-
appointed examiner’s report. The court-appointed examiner or any person designated by the examiner as
a source of information for preparation of the report other than the defendant or defense counsel, is
considered the court’s witness and may be called and cross-examined by any party.

(d) Defense Counsel as Witness. Defense counsel may testify, subject to the prosecutor’s cross-
examination, but must not violate the attorney-client privilege. Testifying does not automatically
disqualify defense counsel from continuing to represent the defendant. The court may inquire of defense
counsel regarding the attorney-client relationship and the defendant’s ability to communicate with
counsel. The court must not require counsel to divulge communications protected by the attorney-client
privilege, and the prosecutor cannot cross-examine defense counsel concerning responses to the court’s
inquiry.

(e) Determination Without Hearing. If no party timely filed objections and the court did not hold a
competency hearing, the court may determine the defendant’s competency on the examiner’s report.

(f) Burden of Proof and Decision. If the court finds by the greater weight of the evidence that the
defendant is competent, it must enter an order finding the defendant competent. Otherwise, the court
must enter an order finding the defendant incompetent.

Subd. 6. Procedure After Competency Proceedings.

(a) Finding of Competency. If the court finds the defendant competent, the criminal proceedings must
resume.

(b) Finding of Incompetency. If the court finds the defendant incompetent, and the charge is a
misdemeanor, the charge must be dismissed. If the court finds the defendant incompetent, and the charge
is a felony or gross misdemeanor, the proceedings must be suspended except as provided in Rule 20.01,
subd. 8.

(1) Finding of Mental Illness. If the court finds the defendant mentally ill so as to be incapable of
understanding the criminal proceedings or participating in the defense, and the defendant is under civil
commitment as mentally ill, the court must order the commitment to continue. If the defendant is not
under commitment, the court must commence a civil commitment proceeding. The court must supervise
the commitment as provided in Rule 20.01, subd. 7.

(2) Finding of Mental Deficiency. If the court finds the defendant mentally deficient so as to be
incapable of understanding the criminal proceedings or participating in the defense, and the defendant is
under commitment as mentally deficient to the guardianship of the commissioner of public welfare, the
court must order the defendant remanded to the care and custody of the commissioner. If the defendant is
not under commitment, the court must cause civil commitment proceedings to be instituted against the
defendant. The court must supervise the commitment as provided in Rule 20.01, subd. 7.

(3) Appeal. Any party may appeal a civil commitment determination to the Court of Appeals. The
appeal must be under Rule 28 and on the record made in the court. A verbatim record must be made in all
civil commitment proceedings instituted under this rule.

Subd. 7. Continuing Supervision. The head of the institution to which the defendant is committed,
Revised December 2012 35
or if the defendant is not committed to an institution, the person charged with the defendant’s supervision,
must report to the court periodically, not less than once every six months, on the defendant’s mental
condition with an opinion as to competency to proceed. The court may order a different period. Reports
must be furnished to the prosecutor and defense counsel.

The prosecutor, defense counsel, the defendant, or the person charged with the defendant’s
supervision may apply to the court for a hearing to review the defendant’s competency. All parties are
entitled to notice before the hearing. If the court finds the defendant competent to proceed, the criminal
proceedings must resume. The court and the prosecutor must be notified of any proposed institutional
transfer, partial institutionalization status, and any proposed termination, discharge, or provisional
discharge of the civil commitment. The prosecutor has the right to participate as a party in any
proceedings concerning proposed changes in the defendant’s civil commitment or status.

Subd. 8. Dismissal of Criminal Charge.

(1) Felonies. Except when the defendant is charged with murder, the criminal charges must be
dismissed three years after the date of finding the defendant incompetent to proceed unless the prosecutor,
before the expiration of the three-year period, files a written notice of intent to prosecute when the
defendant regains competency.

(2) Gross Misdemeanors. The criminal charges must be dismissed 30 days after the date of finding
the defendant incompetent to proceed unless before that date the prosecutor files a written notice of intent
to prosecute when the defendant regains competency. If a notice has been filed, the charges must be
dismissed when the defendant would be entitled under these rules to custody credit of at least one year if
convicted.

Subd. 9. Issues Not Requiring Defendant’s Participation. The defendant’s incompetence does not
preclude defense counsel from making an objection or defense before trial that can be fairly determined
without the defendant’s participation.

Subd. 10. Admissibility of Defendant’s Statements. When a defendant is examined under this rule,
any statement made by the defendant for the purpose of the examination and any evidence derived from
the examination is admissible at the competency proceeding.

Subd. 11. Credit for Confinement. If the defendant is convicted, any time spent confined to a
hospital or other facility for a mental examination under this rule must be credited as time served.

Revised December 2012 36