Legal Question in Criminal Law in Texas
In Texas, is a mentally retarded person considered fit or competent to stand trial in a felony case? What is the legal precedent?
Asked on 1/05/11, 7:14 am
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
Depends on the level of mental retardation. There are MANY people in prison with mental retardation. To be mentally competent, one must only be aware of the nature of the charge against him / her, and able to assist one's counsel with one's defense - a pretty low standard. (Otherwise, mentally retarded people could go around committing offenses without worry of prosecution.)
Answered on 2/19/11, 5:05 pm
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