Ability to Stand Trial

Ability to stand trial refers to a defendant’s ability to understand the charges the state has assessed against him, the ability to participate in the legal proceedings, the ability to understand the penalties he might face if convicted, and the ability to cooperate with his legal counsel for his own defense.

Cooperating with his legal counsel can include the ability to recall facts of the case, events surrounding the arrest, planning the legal strategy for his defense, and discussing the motives at the time of the alleged crime. Defendants must also be able to offer testimony or testify on their behalf and contest any allegations made by prosecutorial witnesses.

How does the state determine the ability of a defendant to stand trial?

The issues of competency can be argued at any point in the adjudication process, but because laws for determining competency vary by state, if you have questions about competency you need to talk to a lawyer about the specific laws and procedures which are used in your state.

If the issue of competency is raised, a forensic evaluation may be requested. It can be done in an outpatient clinic, an institutional setting, or in jail. After the examination is completed, a report is submitted either to the defense team (if they requested the evaluation) or to the court (if the evaluation was court-ordered).

The court may then request a hearing (although it is not required) if all parties accept the findings. The decision of competency is made by the court after the court chooses to accept or reject the assessment of competency provided by the evaluator.

If the defendant is found competent by the court, the case will proceed. If the defendant is found incompetent, their case may be postponed or the charges dismissed. States may also allow for the automatic and indefinite commitment of incompetent defendants, although the Supreme Court has ruled that they "cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain that capacity in the foreseeable future."

Overview of competency procedures

Defendants most often referred to for competency evaluations are those who have a history of mental disorders, including a history of bizarre actions, attempted suicides, and a need for institutionalization. But those with other developmental disabilities, including the aged or those with a high level of emotional distress, may also be incompetent.

Competency, however, is not a clinical issue, but rather a legal issue. Although there is not a current clear consensus on a standard of practice for competency examinations, there have been improvements over the past 20 years with researchers working to create a variety of instruments for the assessment of competency to stand trial.

Some examples of tests which have been used or are currently used include the Competency Screening Test, which tests the defendant’s knowledge of the legal system and court processes, the Georgia Court Competency Test (GCCT), and the MacArthur Competence Assessment Tool—Criminal Adjudication (MacCAT-CA). Some evaluators choose to use the assessment tools; others do not.

What happens after a defendant is found incompetent to stand trial?

Unlike Not Guilty By Reason of Insanity decisions, if the defendant is found incompetent to stand trial it does not mean they will never face charges or they will escape punishment for their alleged crimes.

In fact, if the issue of incompetency is raised it will be addressed by the court and a competency evaluation will be requested. If the defendant is considered competent to stand trial the case will proceed. If not, the defendant is generally remanded back to a hospital for treatment and psychologists will provide periodic updates on the progress of treatment.

If the defendant is restored to competency, they will face charges and have their day in court. If not, states may have the legal right to confine a defendant in the hospital for the maximum term of confinement they could have faced if they had been convicted of their alleged crime.