NCJ Number
53599
Journal
MENTAL DISABILITY LAW REPORTER Volume: 2 Issue: 5 Dated: (MARCH-APRIL 1978) Pages: 617-650
Date Published
1978
Length
34 pages
Annotation
THE CONCEPT OF INCOMPETENCE TO STAND TRIAL IS EXAMINED, AND TWO ALTERNATIVES ARE PROPOSED FOR UNRESTORABLY INCOMPETENT DEFENDANTS (PROCEEDING TO TRIAL AND SENTENCING WITH FAIRNESS, AND SPECIAL COMMITMENT).
Abstract
AN INCOMPETENCY FINDING USUALLY RESULTS IN THE POSTPONEMENT OF A TRIAL AND THE COMMITMENT OF AN INDIVIDUAL CHARGED WITH A VIOLENT OFFENSE WHOSE MENTAL DISORDER PRESENTS A DANGER TO OTHERS. THE COMMITMENT IS USUALLY TO A MAXIMUM SECURITY HOSPITAL FOR THE CRIMINALLY INSANE UNTIL THE INDIVIDUAL IS RESTORED TO COMPETENCY. MAJOR ABUSE IN THE INCOMPETENCY PROCEDURE STEMS FROM THE PROSPECT OF LONG-TERM COMMITMENT FOR EXAMINATION, OBSERVATION, AND TREATMENT. A CLOSELY RELATED PROBLEM INVOLVES THE AUTOMATIC AND UNNECESSARY PRETRIAL CONFINEMENT OF DEFENDANTS ONCE THE ISSUE OF COMPETENCY IS RAISED. PROPOSED REFORMS FOR DEALING WITH INCOMPETENCY TO STAND TRIAL IN CRIMINAL COURTS ARE SUGGESTED IN RELATION TO THE FOLLOWING: CRITERIA FOR INCOMPETENCY; THE RIGHT TO PRETRIAL RELEASE; THE USE OF SCREENING TESTS; COMPETENCY EXAMINATIONS (THE NEED FOR FORENSIC PSYCHIATRIC SERVICES, THE STRUCTURE OF FORENSIC PSYCHIATRIC SERVICES, THE USE OF THE LEAST RESTRICTIVE ALTERNATIVE FOR EXAMINATIONS, AND COMPULSORY EXAMINATIONS AND DEFENDANT STATEMENTS); EXAMINER REPORTS; COMPETENCY HEARINGS (TIMING, BURDEN OF PROOF, AND DEFENDANT RIGHT TO HAVE AN EXPERT EXAMINER); TREATMENT TO RESTORE COMPETENCY (RIGHT TO TREATMENT, TIME LIMITS FOR INVOLUNTARY TREATMENT, AND ALTERNATIVES TO INVOLUNTARY TREATMENT); THE TRIAL OF DEFENDANTS ON PSYCHOTROPIC MEDICATION; AND POSTCONVICTION MOTIONS. THE DISPOSITION OF CASES INVOLVING PERMANENTLY INCOMPETENT DEFENDANTS IS EXAMINED, WITH SPECIAL CONSIDERATION GIVEN TO TRIAL, CIVIL COMMITMENT, AND SPECIAL COMMITMENT FOR PERSONS FOUND UNRESTORABLY INCOMPETENT TO STAND TRIAL AND FOR PERSONS ACQUITTED ON GROUNDS OF INSANITY. A SUGGESTED STATUTE ON INCOMPETENCE TO STAND TRIAL IS INCLUDED. (DEP)