RALEIGH (NC) - COMPETENCY TO STAND TRIAL - A SYSTEM ANALYSIS OF FORENSIC SERVICES - NORTH CAROLINA COMPETENCY PROCEDURES - CLEARINGHOUSE TRANSFER

• NCJ Number: 42236
• Author(s): ANON
• Date Published: 1977
• Length: 4 pages
• Corporate Author: National Clearinghouse for Criminal Justice Planning and Architecture
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS REPORT OFFERS RECOMMENDATIONS ON IMPROVING THE UNDERSTANDING OF THE COMPETENCY TO STAND TRIAL RULE IN NORTH CAROLINA COURTS.

Abstract

THIS STUDY FOUND THAT NEARLY HALF OF NORTH CAROLINA JUDGES BELIEVED THAT COMMITMENT TO A MENTAL HOSPITAL SHOULD BE AUTOMATIC IF A DEFENDANT WAS ADJUDGED INCOMPETENT TO STAND TRIAL. THE JUDGES WERE ABOUT EQUALLY DIVIDED IN THEIR RESPONSES WHEN ASKED TO SPECIFY THE MOST IMPORTANT COMMITMENT CRITERION. MORE THAN HALF STATED THAT DANGEROUSNESS WAS THE MOST IMPORTANT CRITERION. THE STUDY RECOMMENDED THAT THE COMPETENCY REQUIREMENT BE MORE CLEARLY SET FORTH. ONE WAY TO DO THIS WOULD BE TO PROVIDE A SCREENING PROCESS AT THE COUNTY LEVEL WHEREBY ALL DEFENDANTS WHOSE COMPETENCY IS QUESTIONED WOULD BE EVALUATED BY A SCREENING PANEL COMPOSED OF MENTAL HEALTH AND LEGAL PROFESSIONALS. THE STUDY ALSO RECOMMENDED THAT CHARGES BE DISMISSED IF, AFTER A CIVIL COMMITMENT HEARING, A DEFENDANT REMAINS INCOMPETENT FOR 15 MONTHS, OR FOR ONE-HALF THE MAXIMUM SENTENCE, WHICHEVER IS LESS....BDS