Welcome, Amarink!
Faking "incompetence" from a legal standpoint is very difficult. You have to be really, REALLY incompetent before this would become a factor, and Jodi absolutely is not. However, they have to go through the steps of having a professional check her out, just to be sure.
Here are some examples of what was NOT considered incompetence:
What Does Not Constitute Substantial Evidence
Courts have held that each of the following factual situations,
standing alone, did not present substantial evidence of doubt about
defendant?s mental competence:
?
Defendant?s bizarre actions or statements.
? Statements of defendant?s family that defendant suffered from
migraine headaches
? Defense counsel?s statements that defendant was incapable of
cooperating in his or her defense. People v Welch, supra, 20 C4th
at 742 (
disagreement between defense counsel and defendant about
which defense to employ did not require court to order competency
hearing).
?
Mental health expert?s testimony that defendant was immature,
dangerous, psychopathic, or homicidal, or similar diagnosis that
includes few references to defendant?s ability to assist in his or her
own defense. 20 C4th at 742. See also People v Hays (1976) 54
CA3d 755, 760, 126 CR 770 (psychiatric reports found defendant
depressed and suffering from mild psychosis but expressed no
doubt about defendant?s mental competence).
?
Defendant?s inappropriate emotional response to a serious trial;
statements of stepparents that defendant?s behavior during trial was
strange; earlier diagnosis by a court-appointed psychiatrist that
defendant had a personality disorder;
? Defendant?s acts of pleading guilty to a capital offense and
waiving a jury trial, allegedly amounting to a suicide attempt;
defendant?s waiver of a penalty jury. People v Deere (1985) 41
C3d 353, 359, 222 CR 13 (disapproved on other grounds in 48 C3d
at 1228 n9).
?
Defendant?s decision not to argue in favor of life
imprisonment or present mitigating evidence. People v Howard (1992) 1 C4th 1132, 1164,
5 CR2d 268
Also, here are the
criteria used for judging mental competence to stand trial:
http://www.umassmed.edu/forensictrai...uidelines.aspx