1.20 Instruction—Competency

Members of the jury,

The parties will soon present final arguments. Before they do so, I must now give you the instructions you must follow.

You will have a written copy of these instructions to take with you and to use during your deliberations.

I first will tell you about some general principles of law that must govern your decision of the case. Then I will tell you about the specific law applicable to this case. Finally, I will instruct you on the rules that must control your deliberations.

GENERAL PRINCIPLES

The defendant has been accused of a crime and a question has arisen about whether [he/she] is incompetent to stand trial. A person cannot be tried for an offense if he is mentally incompetent. You are here to decide that question of competence. You are not deciding whether the defendant is guilty or not guilty of a crime—that is an issue for another jury.

A person is incompetent to stand trial if the person does not have (1) sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding; or (2) a rational as well as factual understanding of the proceedings against the person.

Presumptions

The defendant is presumed competent to stand trial unless proved incompetent. To find him incompetent, you must be convinced by a preponderance of the evidence that he is incompetent. The term "preponderance of the evidence" means the greater weight of credible evidence presented in this case. For a fact to be proved by a preponderance of the evidence, you must find that the fact is more likely true than not true.

Jury as Fact Finder

As the jurors, you review the evidence and determine the facts and what they prove. You judge the believability of the witnesses and what weight to give their testimony.

In judging the facts and the believability of the witnesses, you must apply the law provided in these instructions.

Evidence

The evidence consists of the testimony and exhibits admitted in the trial. You must consider only evidence to reach your decision. You must not consider, discuss, or mention anything that is not evidence in the trial. You must not consider or mention any personal knowledge or information you may have about any fact or person connected with this case that is not evidence in the trial.

Statements made by the lawyers [include if applicable: , except when they testify,] are not evidence. The questions asked by the attorneys are not evidence. Evidence consists of the testimony of the witnesses and materials admitted into evidence.

Nothing the judge has said or done in this case should be considered by you as an opinion about the facts of this case or influence you to vote one way or the other.

You should give terms their common meanings, unless you have been told in these instructions that the terms are given special meanings. In that case, you should give those terms the meanings provided in the instructions.

While you should consider only the evidence, you are permitted to draw reasonable inferences from the testimony and exhibits that are justified in the light of common experience. In other words, you may make deductions and reach conclusions that reason and common sense lead you to draw from the facts that have been established by the evidence.

You are to render a fair and impartial verdict based on the evidence admitted in the case under the law that is in these instructions. Do not allow your verdict to be determined by bias or prejudice.

Admitted Exhibits

You may, if you wish, examine exhibits. If you wish to examine an exhibit, the foreperson will inform the court and specifically identify the exhibit you wish to examine. Only exhibits that were admitted into evidence may be given to you for examination.

Testimony

Certain testimony will be read back to you by the court reporter upon your request. To request such testimony, the jury foreperson must, in writing, (1) state that the jury is requesting that testimony be read, (2) state that the jury has a disagreement about a specific statement of a witness or a particular point in dispute, and (3) identify the name of the witness who made the statement. The court will then have the court reporter read back only that part of the testimony.

The Verdict

The law requires that you render a verdict of either "competent" or "incompetent." You may return a verdict only if all twelve of you agree on this verdict. When you reach a verdict, the foreperson should notify the court.

LAW APPLICABLE TO THE CASE

You must determine whether the preponderance of the evidence shows either that—

1. the defendant lacks the sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding; or

2. the defendant lacks a rational as well as factual understanding of the proceedings against him.

If you all agree that neither 1 nor 2 has been proven, you must find the defendant competent. If all of you agree that at least 1 or 2 has been proven, you must find the defendant incompetent. You need not agree on which has been proven if each of you finds either has (or both have) been proven.

RULES THAT CONTROL DELIBERATIONS

You must follow these rules while you are deliberating and until you reach a verdict. After the closing arguments by the attorneys, you will go into the jury room.

Your first task will be to pick your foreperson. The foreperson should conduct the deliberations in an orderly way. Each juror has one vote, including the foreperson. The foreperson must supervise the voting, vote with other members on the verdict, and sign the verdict sheet.

While deliberating and until excused by the trial court, all jurors must follow these rules:

1. You must not discuss this case with any court officer, or the attorneys, or anyone not on the jury.

2. You must not discuss this case unless all of you are present in the jury room. If anyone leaves the room, then you must stop your discussions about the case until all of you are present again.

3. You must communicate with the judge only in writing, signed by the foreperson and given to the judge through the officer assigned to you.

4. You must not conduct any independent investigations, research, or experiments.

5. You must tell the judge if anyone attempts to contact you about the case before you reach your verdict.

Your sole duty is to determine whether the defendant has been proved incompetent. You must restrict your deliberations to this matter.

After you have arrived at your verdict, you are to use one of the forms attached to these instructions. You should have your foreperson sign his or her name to the particular form that conforms to your verdict.

After the closing arguments by the attorneys, you will begin your deliberations to decide your verdict.

[Include any other instructions raised by the evidence.
Continue with the following verdict form.]

SIGNED on this ________________________.

JUDGE PRESIDING

VERDICT—COMPETENT

We, the jury, unanimously find the defendant to be competent to stand trial at this time.

_____________________________
PRESIDING JUROR

VERDICT—INCOMPETENT

We, the jury, unanimously find the defendant to be incompetent to stand trial at this time.

_____________________________
PRESIDING JUROR