What is Mental Competency?

Here in the United States, a very important part of due process (fairness throughout the court process) is to be mentally competent prior to standing trial. What does this mean? Well, to be mentally competent means that you (the defendant) must have a basic knowledge of court proceedings. You must be able to understand what's going on around you. You do not have to have any type of sophisticated knowledge of court proceedings or the criminal justice system; this is not to be expected. However, you should be able to answer basic questions like: What are you being charged with? Do you know why you're being charged with this crime? Do you understand what your attorney does? Do you know what juries do? Who is the judge and prosecutor? It takes no expert knowledge to know how to answer these questions.

It would be unfair and unconstitutional to allow someone who doesn't have an understanding of these basics to continue in the courtroom process. Someone who cannot communicate with their own attorney to help him/her provide the best case, is someone who should not proceed through a trial. Generally when someone is considered unfit to stand trial it's due to a mental illness prohibiting their ability to fully understand what's going on around them.

Let's take a look at a quick example, if in the past you've been diagnosed with Schizophrenia (mental illness characterized by hallucinations and delusions) and your attorney feels you are still being effected by it, he/she can raise the issue to the judge. If the judge agrees, he will suspend the trial until you are competent to stand trial.

Mental Competency Hearing

The mental competency hearing is much like any other court hearing, but with this hearing, court appointed mental health experts will be examined and cross examined based on their findings. Prior to the actual hearing, a Forensic Psychologist or Psychiatrist will evaluate the defendant. The defendant will be asked lots of questions during the assessment to determine his/her fitness to stand trial. If after the evaluation, the psychologist determines that defendant is not fit to stand trial, the judge, defense and prosecution will get a detailed report.

During the actual hearing, multiple mental health professionals will testify to the information and findings they've retrieved during the evaluation. If there is a jury (very rare), they will determine if the defendant is mentally fit or not. If there is no jury, the judge will make this determination. The information that a psychologist gives during testimony is weighed very heavily. If the defendant is considered unfit to stand trial, the criminal trial will be temporarily halted until client is mentally capable of understanding what's going on. Defendant will be transferred to a psychiatric hospital where he will get the needed psychotropic medications, short-term therapy and/or group therapy to help restore him back to competency. Once he is restored to competency, the trial can resume.