Course: Criminal Law
Incompetent to stand trial is a legal term that refers to a defendant’s mental state at the time of their trial.
If a defendant is deemed incompetent to stand trial, it means that they cannot understand the charges against them or the nature and purpose of the legal proceedings.
To determine whether a defendant is competent to stand trial, the court may order a mental health evaluation to assess their mental state. The evaluation may include reviewing the defendant’s medical history, psychological testing, and interviews with the defendant and other parties.
If a defendant is found incompetent to stand trial, the court may order that they receive mental health treatment or therapy until they are deemed competent to stand trial. In some cases, the defendant may never regain competence, and the charges against them may be dismissed, or they may be committed to a mental health facility.
It is important to note that a finding of incompetence to stand trial is not the same as a finding of insanity. Incompetence to stand trial is a legal determination that focuses on the defendant’s mental state at the time of the trial. In contrast, an insanity defense focuses on the defendant’s mental state during the crime.