Most Americans over a certain age remember when President Ronald Reagan and three other people were shot by a lone gunman. The accused, John Hinkley, was captured and found not guilty and not criminally responsible for the shooting.
Stories like this appear in the news from time to time. Attorneys for the man accused of the attempted assassination of President Donald Trump in Florida are considering this defense for their client. Likewise, there is talk that the attorneys for the young man accused of shooting the United Healthcare CEO may be making the same type of claim when he gets to Court for the charges the State of New York has lodged against him.
But what do terms like “competence to stand trial” or “not criminally responsible” mean?
The concepts of competence to stand trial and not criminally responsible are both related to a defendant’s mental state in the context of criminal law, but they refer to different legal issues and have distinct meanings:
- Competence to Stand Trial
Definition: Competence to stand trial refers to whether a defendant has the mental ability to understand the proceedings against them and participate meaningfully in their defense.
Key Criteria: A defendant must be able to:
Understand the charges and the legal process.
a)Assist in their defense (e.g., communicate with their attorney, understand the role of the judge, etc.).
- B) Appreciate the possible consequences of the trial.
Context: This is assessed before the trial begins. If a defendant is found incompetent, the trial is postponed, and the defendant may be ordered to receive treatment or training to restore their competence. If they remain incompetent, the trial may not proceed.
Outcome if Incompetent: If found incompetent to stand trial, the defendant may be committed to a mental health facility or receive treatment with the aim of restoring them to competence. If the defendant cannot be restored, they may face a different legal process, such as civil commitment.
- Not Criminally Responsible (NCR)
Definition: Not criminally responsible refers to a defendant’s mental state at the time of the offense. If a defendant is found NCR, it means they were suffering from a severe mental illness or defect that prevented them from understanding the nature of their actions or knowing that their actions were wrong.
Key Criteria: This typically involves:
- A mental illness or defect at the time of the crime.
Inability to understand the nature or consequences of their actions (e.g., they may not know it was a crime).
b)Inability to appreciate that what they did was wrong due to mental illness.
Context: NCR is usually determined after the trial, and it affects the defendant’s criminal liability. If found NCR, the defendant is not held criminally responsible for the offense but may be committed to a mental health institution for treatment.
Outcome if NCR: A defendant found NCR is not punished in the usual way (e.g., with imprisonment) but may be placed in a psychiatric facility for care and treatment. The defendant may be released if they are deemed no longer a danger to themselves or others.
Key Differences:
Focus:
Competence to stand trial is about whether a defendant can participate in their trial.
Not criminally responsible is about whether a defendant can be held accountable for their actions due to a mental illness at the time of the offense.
Timing:
Competence to stand trial is assessed before the trial.
Not criminally responsible is typically determined after the trial, in relation to the crime itself.
Legal Outcome:
If incompetent to stand trial, the trial may be delayed, and treatment may be ordered.
If NCR, the defendant is not convicted but may be committed to a psychiatric institution.
These concepts can overlap in cases involving a criminal defendant’s mental illness, but they address different stages of the legal process and different aspects of the defendant’s mental health.