53. Competency to Stand Trial: Understanding the Process

In this episode, we dive into the critical concept of competency to stand trial, exploring its key elements and implications for defendants. We discuss the legal requirement that individuals must understand the proceedings against them and assist in their own defense. Discover the factors that contribute to a finding of incompetence, including intellectual disabilities and mental illness, as well as the lengthy process of restoration, which averages 149 days. We’ll also examine the rising statistics around forensic patients and competency evaluations, shedding light on the challenges faced by defense attorneys and the judicial system. Tune in for an enlightening discussion that demystifies an essential aspect of criminal law!

In this episode, you will be able to:

• Understand the intricacies of navigating behavioral health systems to effectively support clients through the legal process.
• Learn to navigate the challenges of determining competency to stand trial and the impact it has on legal proceedings.
• Overcome the barriers within the mental health system to ensure individuals receive the support they need for fair legal representation.
• Explore the effectiveness of community-based competency restoration programs and their impact on individuals involved in the criminal justice system.
• Gain insight into the impact of substance use on criminal behavior and its implications for legal professionals working with affected individuals.

The key moments in this episode are:
00:00:02 - Introduction to Competency to Stand Trial
00:03:20 - Importance of Competency to Stand Trial
00:07:28 - Challenges with Competency
00:09:41 - Restoration of Competency
00:11:35 - Timeframe for Restoration
00:12:37 - Challenges of Pre-Trial Sentencing
00:13:14 - Waiting for Competency Restoration
00:14:30 - Lack of Treatment in Jails
00:15:29 - Systemic Issues During the Pandemic
00:19:05 - Impact of Competency Restoration
00:25:17 - Incompetency Evaluation and Restoration Programs
00:27:01 - Community-Based Restoration Options
00:28:33 - Importance of Self-Care
00:29:45 - Intersection of Competency and Mental Health Systems
00:30:26 - Future Guests and Mental Health First Aid 

Links:

• Just and Well: Rethinking How States Approach Competency to Stand Trial
• https://store.samhsa.gov/product/foundation-work-exploring-incompetence-stand-trial-evaluations-competence-restoration/pep23-01-00-005
• Iowa competency evaluations https://spd.iowa.gov/other-claimants/competency-evaluations
• Community-based restoration https://www.chhs.ca.gov/wp-content/uploads/2021/12/IST_Solutions_Report_Final_v2.pdf

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Watch this episode on YouTube: https://youtu.be/xFEsmByYXi8