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- When defendants are found incompetent to stand trial, it means they don’t have the mental capacity to understand or participate in the criminal proceedings. Defendants are not competent to stand trial if they: can’t understand the consequences of the proceedings, and don’t have the ability to assist their attorneys with the defense.
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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.
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
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...
Section 1367 of the California Penal Code states that a defendant is mentally incompetent to stand trial if, because of a mental disorder or developmental disability if they fall into either of the two prongs: Prong 1: The defendant is unable to understand the nature of the criminal proceedings.
- 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...
Aug 15, 2014 · Competency to stand trial is a concept of jurisprudence allowing the postponement of criminal proceedings for those defendants who are considered unable to participate in their defense on account of mental or physical disorder or retardation.
Feb 12, 2020 · This article focuses on the preferred disposition for an individual charged with a serious crime against another person, adjudicated incompetent to stand trial and not restorable to competence, whose original criminal charges are dismissed without prejudice, and who is regarded by the state as dangerous to the general public.
