COMPETENCY - INTRODUCTION
It is now my duty, under the law, to give you the instructions that apply in this trial. The instructions contain all the law that you are to use in deciding this case, and also the rules of law you should follow in reaching a verdict. All the testimony and evidence, which is proper for you to consider, has been introduced in this case. You should not consider any matter of fact or law except what has been given you in open Court, while Court was in session.
You are the judges of the facts, and it is your duty to take the evidence and testimony that you heard in open Court in this case, to accept the law and rules in these instructions, and to apply this law and these rules to the evidence and testimony, and to decide the facts, and render a fair and impartial verdict, as you have sworn to do.
You are instructed that under the laws of the State of Oklahoma no person is subject to any criminal procedures unless he is presently "competent", as that term is defined in these instructions, nor is any person subject to any criminal procedures who is determined to be "incompetent", as that term is defined here.
[Name of Defendant] is a defendant in a criminal prosecution, and an application to determine his/her competency has been filed in that criminal prosecution. This trial has been held for you to determine several issues relating to his/her competency so that his/her capacity to (stand trial)/(undergo further proceedings) in the criminal case can be decided.
Notes on Use
The procedure for determining competency is prescribed at 22 O.S. 1991 §§ 1175.1 - 1175.8. Upon request, a hearing on competency may be conducted as a jury trial. 22 O.S. 1991 § 1175.2. However, the jury consists of only 6 persons, 22 O.S. 1991 § 1175.4(B), only 5 jurors are required to return a verdict, Miller v. State, 751 P.2d 733, 738 (Okl. Cr. 1988), and the trial may be conducted by a special judge, Rogers v. Lansdown, 829 P.2d 687, 688 (Okl. Cr. 1992). See also State v. Humdy, 875 P.2d 429, 430 (Okl. Cr. 1994) (competency hearing is civil in nature).