I testified as an expert last week in Arapahoe County. It was a contested competency hearing for a juvenile, and the magistrate agreed with my opinion that the defendant was competent to proceed with the case.
This was a tricky case with a lot of gray area. But, Colorado State Law is very clear--a defendant either needs to be competent or incompetent. There is no such thing as semi-competent.
On the stand, I felt I was able to explain the gray area and articulate my concerns regarding the defendant's limitations, while at the same time explaining my rationale for coming to the conclusion that juvenile was competent to proceed. It was nice to get the validation from the magistrate that I had explained myself well.
Thanks for reading-- Max Wachtel, Ph.D.
www.CherryCreekPsychology.com
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