Competency to Stand Trial and Court Outcome

Abstract

Comparisons of the disposition of charges against competent and initially incompetent (but returned to court as competent) defendants revealed few significant differences. The most consistent differences were found for defendants charged with violent crimes, including murder and assault. Incompetent defendants charged with these offenses were significantly more likely to befound innocent, usually the result of dismissal of charges. Once convicted, however, the fact that a defendant had previously been found incompetent, and had spent several years on the average in a state hospital, had little influence on the type and length of sentence. Comparison of type of offense suggested that the competency issue was more likely to be raised when the charges and consequences were more severe, especially when the probability of conviction was high. It was also found that mental health reports to the court contained recommendations not related to the question of competency, including recommendations for dismissal of charges. It was argued that the inclusion of these recommendations further reinforced the inappropriate use of the competency procedures by defense attorneys.