Competency Exam Discussed for Las Vegas Strip Hate Crime Suspect

As the case continues, a competency exam could play a key role in the justice process, lawyers said.

She has to be able to understand the charges against her and be able to assist in her own defense,” Robert Jarvis, a professor at Nova Southeastern University’s Shepard Broad College of Law, told Casino.org about Hill.

“A defendant who cannot do these two things cannot be tried, although they can be sent to a mental health facility where doctors can attempt to restore the defendant’s competency so that they can be tried,” Jarvis said.

A trial is not fair if the defendant does not understand the charges against her and cannot assist in her own defense, Jarvis added. The doctor who conducts such an exam is looking to make sure the defendant is lucid.

“A doctor has to be convinced that the defendant understands why she’s being held and the possible consequences if she is found guilty,” Jarvis explained.

If convicted on the charges, Hill could face a prison sentence.

Seriousness Of Charges Not the Issue

Even though the case got a lot of public attention, that is not why her competency may be reviewed.

“The seriousness of the charge does not matter all trials in this country must be fair, and a fair trial cannot be held if the defendant is mentally incompetent,” Jarvis said.

In addition, Christopher Slobogin, professor of law at Vanderbilt University, where he also directs the Criminal Justice Program, told Casino.org, “It appears that Hill understands the nature of a hate crime charge and is merely unwilling to plead guilty to it.

However, her mental health history and her specific reasons for believing she did not commit a hate crime may lead her attorneys to request an evaluation to see if she has irrational beliefs about what she has done or what her legal options are,” Slobogin added.