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Who is considered incompetent to stand trial?
Can you be convicted if you're not competent to stand trial?
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Should an incompetent person be subjected to a trial?
What if a defendant is mentally incompetent to stand trial?
What makes a person competent to stand trial?
Jun 1, 2022 · People found incompetent to stand trial (IST) range from those who commit minor, nonviolent offenses such as loitering or trespassing to individuals who commit serious crimes such as assault and murder.
Aug 8, 2018 · A finding that someone is incompetent to stand trial does not mean that the defendant will no longer be prosecuted for the crime for which they are charged. Being found incompetent to stand trial means something very different than being found not to be criminally responsible due to insanity.
Mar 7, 2022 · You can’t be tried or convicted if you're not competent to stand trial. This article explains what that means, the procedures for determining competency, and what happens after a defendant is found incompetent.
- Rebecca Wilhelm
- What’s The Difference Between Insanity and Competency?
- Case Examples of Insanity and Incompetency
- Conclusion
1: Insanity and Competency Are Evaluated at Different Times
The main difference between insanity and competency is that they are evaluated at different times. Competency is evaluated while the person is going through the legal proceedings. This is AFTER they have been arrested and they have not yet been convicted of the crime. Their state of mind is being evaluated in the present. Insanity is evaluated at the time of the offense. This means that the defendant’s state of mind is evaluated at the time of the offense. This is more difficult to do because...
2: Insanity and Competency Have Different Legal Definitions
We’ve already talked about Not Guilty by Reason of Insanity (NGRI) and Competency to Stand Trialin two other blog posts and we encourage you to read them for a more detailed explanation. In the meantime, we’ve included a quick and simple explanation of the two legal terms: Here is the legal definition of insanity under California law (PC 25): At the time of committing the offense, due to mental disease or defect (no personality disorders, seizure disorder, adjustment disorder, or substance-in...
3: Insanity and Competency Are Determined by Different Parties
Not Guilty by Reason of Insanity (NGRI): NGRI is an affirmative defense and the plea is entered by the defendant. Ultimately, a jury decides if the defendant was NGRI at the time the offense was committed. Competency: Competency isn’t a plea. The issue of competency can be raised by anyone. For example, the defense attorney can bring up the issue and state that their client doesn’t have a rational or factual understanding of the proceedings and is incompetent. The defendant will then be evalu...
We’re hoping that the explanation above was helpful. Here are two case examples to help you apply the information we just went over.
The terms insanity and competency are two legal terms that come up often in the criminal justice system. Most people get the two terms mixed up and don’t know the differences between them. We’re hoping that this blog post helped provide more information on these legal terms and how and when they are used in the criminal justice system. If you’d lik...
Jan 11, 2024 · If you believe you might be incompetent to stand trial, it’s crucial to communicate your concerns immediately to your attorney. They can request a competency evaluation and advocate on your behalf. Ensuring a fair trial process is paramount; your rights should always be protected.
Jun 11, 2021 · Research shows us that eighty-one percent of defendants initially found incompetent to stand trial were eventually restored, usually within 90 to 120 days. The average stay for an incompetent ...
An individual who has been found not competent to stand trial by the court is not set free. They can be sent to a psychiatric facility and treated until they are restored to competency.
