Although there are no diagnoses that equal IST, psychosis and intellectual disability are the 2 most common clinical reasons that defendants are found incompetent to stand trial. Nonetheless, a defendant with schizophrenia can be competent and, similarly, a defendant with intellectual disability can be competent.
Consider the following case example. He was not a high school graduate; he dropped out in the middle of tenth grade as he no longer wanted to go to school.
He successfully worked with his attorney on several other misdemeanors, both in family court as a juvenile and in the criminal court system as an adult. He has never served time, as he always managed to get probation.
Tony violates a no contact order, and because of his history of intellectual disability, his competency to stand trial is questioned. After an evaluation, including a clinical evaluation and the CAST-MR, it is clear that he has an understanding of the charges and their potential consequences. Plus, as a result of years of experience in the court system, Tony also has a good handle on the trial process.
He tells you that he is interested in accepting a deal, because it will allow him to avoid going to jail. Tony further explains he would prefer to admit to some form of guilt to be quickly paroled so that he can see his newborn child. This case illustrates that an intellectual disability does not automatically equate with incompetence. Prior experience in the legal system would be an important factor in this case.
The defendant had repeated exposure to the system, giving him a lot of practical experience. As such, it is likely that he would be competent to stand trial, even though he has an intellectual disability.
Currently, public mental health services are inundated with court referrals for CST evaluations. This has resulted in wait lists for competency-related services for jail detainees.
Better collaboration between the criminal justice and clinical care systems could improve services for persons with serious mental illness in the legal system. Dr Wall is a clinical psychiatrist, treating patients in the Providence, Rhode Island area. He is also a clinical professor at Brown University and provides expert witness consultations for medical-legal purposes. Criminal Competencies. Principles and Practice of Forensic Psychiatry, 3rd ed.
Client abilities to assist counsel and make decisions in criminal cases: findings from three studies. Law Hum Behav. Department of Justice, FBI. Fall Accessed September 1, Callahan L, Pinals DA. Along with the right for an individual to defend themselves, and their right to legal representation, every criminal defendant has a legal right to fully understand why they have been charged and what kind of case has been brought against them.
This means that if the defendant is incapable of fully understanding the charges brought against them, they will not stand trial. However, if someone is deemed incompetent to stand trial, this does not mean they get to leave jail and go back to their normal life. If the court ruled that an individual is incompetent, they will remain in custody and the case will be put on hold.
Yet, if they are deemed competent in the future, they can stand trial for those charges once their competence has been regained. If this happens and they deem the individual incompetent, the court has the power to require them to submit to a psychological evaluation.
In a psychological evaluation, the questions are designed to help a mental health professional assess whether or not the person comprehends the criminal charges and potential consequences. Further, they also want to determine if the defendant understand who their lawyer is and what role the lawyer has in the case.
If a defendant is being treated for his or her inability to understand the nature and the object of the proceedings, they will likely go through training and education to try to teach them about the court proceedings, including their role as a defendant, and the role of the judge, the prosecutor, and the defense attorney.
The forensic center will work with them on education regarding the criminal process, and work through how they might evaluate a situation like a plea offer from the prosecuting attorney. If a defendant is being treated for his or her inability to assist in his or her defense in a rational manner, he or she may receive medication as well as therapy to treat their condition. In many cases, a defendant who has been found incompetent to stand trial both cannot understand the nature and the object of the proceedings, and is unable to rationally assist in his or her defense.
In those cases, treatment is likely to include medication, therapy, and education. Treatment for defendants who are found incompetent to stand trial is most often on an inpatient basis, and defendants will not be free to come and go from the treating facility, whether that is the forensic center or another psychiatric hospital.
However, visits from family members and attorneys are generally permitted during the time that the defendant is receiving treatment at those facilities. If you or a loved one have concerns about competency to stand trial, the lawyers at Blanchard Law have extensive experience in serving clients suffering from mental illness and competency issues. Feel free to contact one of our criminal defense attorneys to discuss your case.
0コメント