After I was accused of committing a crime that I didn't commit, I decided that I needed a professional attorney on my side. I started talking with different professionals about what they could do for me, and I was impressed with one attorney in particular. He was really intelligent and seemed dedicated to my case even though he was helping other people at the same time. When I met with him, I felt like I was his only client, and after a long and arduous battle, he was able to prove my innocence. Check out this blog dedicated to getting the help you deserve in court.
Legal insanity and incompetency to stand trial are two common phrases that you hear in criminal trials—but they are two vastly different issues. A lot of people don't quite understand what the terms mean or what their legal ramifications really are. This is what you should know about the difference between the insanity defense and incompetency to stand trial if the mental health of someone you care about is an issue that could affect their criminal trial.
Legal Insanity Is An Actual Defense To The Charges
Legal insanity is a defense that can be offered at trial. The defendant's sanity at the time the crime was committed is the only thing that matters—not his or her current mental state.
Someone found legally insane at the time of a murder, for example, could be declared not guilty based on the idea that he or she wasn't capable of forming the rational intent into commit the murder. If his or her mental condition is ongoing, he or she would likely be sent to a mental hospital, perhaps indefinitely. John Hinckley Jr., who attempted to assassinate President Reagan, is one of the most famous examples of someone who was found not guilty by reason of insanity.
It's important to note that anyone given this verdict could also go free. If the condition was judged to be temporary, or the defendant recovers his or her mental health after the trial once he or she is in treatment, there's no further punishment for the crime.
Incompetency Is About A Defendant's Right To Assist In His Or Her Own Defense
Incompetency to stand trial isn't a defense—it's a barrier to having a trial in the first place. The important issue is the defendant's current mental state, not the mental state he or she was in during the commission of the crime. A defendant's competency is based on two basic questions:
Competency issues are usually raised before a trial actually begins, although it does sometimes come up in the middle of an active trial. For example, if a defendant has a chronic condition like schizophrenia and stops taking his or her medication, he or she might suffer a delusional episode and become incompetent during the middle of the trial. Once the defense raises the issue, proceedings have to stop until the defendant can be evaluated. If he or she is judged incompetent, the criminal proceedings will stop.
Unlike a defendant who was judged to be insane at the time of the crime, however, the incompetent defendant rarely is allowed to go free, (although a judge will sometimes permit someone to remain free on bail if they don't seem to pose the threat to anyone). He or she will usually remain in custody until the mental condition improves. At that point, the trial can begin—even if it is years after the actual crime was committed. If he or she never regains competency, then the trial cannot proceed.
For example, Jared Loughner, the shooter that killed 6 people and wounded 13 others, including US Representative Gabrielle Giffords, had been declared incompetent to stand trial because of schizophrenia, paranoia, and delusions. He remained in custody for several years until medication restored his competency and a trial could begin.
Competency Is An Issue More Often Than Most People Realize
At least one report, drafted by the Los Angeles County's Health Agency, indicates that competency is becoming more of an issue for courts than it once was—the number of cases that included the need for competency evaluations increased by 350% from 2010 to 2015. Experts indicate that the reasons for the increase include diverse factors like the improved awareness of mental health issues among justice system workers, an increasing homeless population, the decreasing availability of services for the mentally ill, and the increased use of mind-altering drugs.
The incompetent defendant is often unable to realize how severe his or her mental condition really is—which means that you may want to discuss the issue with your loved one's criminal defense attorney as soon as possible. While many attorneys will detect the problem on their own, someone who is incompetent may seem rational for short periods of time. That may make it difficult for the attorney to realize the problem early on.
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