Impact of Defendants' Psychiatric Disorders on Case Flow in the Criminal Justice System (From Criminal Court Consultation, P 3-16, 1989, Richard Rosner, Ronnie B Harmon, eds. -- See NCJ-135552)

• NCJ Number: 135553
• Author(s): R T Andrias
• Date Published: 1989
• Length: 14 pages
• Sale Source: Plenum Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This paper examines the impact on court delays of defendants' needs for psychiatric evaluations with respect to competency to stand trial and the insanity defense, based mainly on law and practice in Federal and New York courts.

Abstract

No comprehensive quantitative study has focused solely on case delay and psychiatric disorders, and the lack of an accepted definition of the concept of competency complicates such studies. In most jurisdictions, the court determines competency, although three states require a jury and eight others make it optional. The burden of proof and the issue of what is to be proven vary from jurisdiction to jurisdiction. Most jurisdictions now have strict time limits for completing a psychiatric examination. However, delays result from the procedural and substantive rights to be safeguarded and the often conflicting tactical concerns of participants. In addition, the issue of competency can arise and reappear at any stage of the criminal proceeding from arraignment through appeal. Nevertheless, courts must be particularly sensitive to delays caused by competency proceedings or the defendant's commitment, because these periods of delay are usually excluded from computations regarding speedy trials. 34 references