NCJ Number
59369
Date Published
1979
Length
157 pages
Annotation
A FIELD STUDY REPORTS ON 539 CRIMINAL DEFENDANTS WHO WERE FOUND INCOMPETENT TO STAND TRIAL AND WERE ASSIGNED TO ALTERNATIVE AGENCIES FOR MENTAL HEALTH TREATMENT.
Abstract
INCOMPETENCY DIVERSION IN THE CRIMINAL JUSTICE SYSTEM IS THOUGHT TO BE THE MOST SIGNIFICANT MENTAL HEALTH INQUIRY PURPOSE IN THE SYSTEM OF CRIMINAL LAW. ITS SIGNIFICANCE DERIVES FROM THE NUMBERS OF PERSONS TO WHOM IT APPLIES, THE MANY POINTS IN THE CRIMINAL TRIAL AT WHICH IT APPLIES, THE EASE WITH WHICH IT CAN BE INVOKED, AND THE CONSEQUENCES OF ITS APPLICATION. ANY PROGRAM WHICH ALLOWS A PERSON ARRESTED FOR A CRIME TO AVOID PROSECUTION AND RETURN DIRECTLY TO THE COMMUNITY IS VIEWED WITH SUSPICION BY THE PUBLIC. THE STUDY OF 539 INCOMPETENT DEFENDANTS IN NEW YORK INDICATES THAT SUCH PERSONS ARE USUALLY PRIOR OFFENDERS AND PREDOMINANTLY NONWHITE, BUT THAT THEY ARE A DIVERSE GROUP IN THE CATEGORIES OF AGE AND TYPE OF CRIME COMMITTED. EIGHT PERCENT OF THOSE FOUND INCOMPETENT HAD A HISTORY OF MENTAL HOSPITALIZATION, WITH THE AVERAGE LENGTH OF STAY BEING 2 YEARS. LITTLE DISTINGUISHES THE SUBSEQUENT EXPERIENCES OF DEFENDANTS FOUND INCOMPETENT FROM THOSE OF DEFENDANTS WHO ARE NOT DIVERTED FROM THE CRIMINAL JUSTICE SYSTEM. THE TOTAL DETENTION TIME IS GENERALLY THE SAME FOR BOTH GROUPS OF OFFENDERS; ONLY THE LOCATION OF THEIR INCARCERATION IS DIFFERENT. THE VARIOUS STAGES OF THE DEFENDANTS' CRIMINAL AND MENTAL HEALTH PROCESSING, INCLUDING THE COMPETENCY HEARINGS, THE USE OF MAXIMUM SECURITY DETENTION, AND THE OPINIONS OF THE SUBJECTS CONCERNING THEIR EXPERIENCES SHOW THAT LESS THAN 15 PERCENT OF THOSE DEFENDANTS WHO ARE DIVERTED MAY HAVE 'BEATEN THE RAP' BY THEIR KNOWLEDGE OF THE LAW IN INCOMPETENCY. FOR MOST DEFENDANTS A MENTAL INSTITUTION IS AMONG THE LEAST DESIRABLE LOCATIONS. THE HIGH FREQUENCY OF RECIDIVISM AMONG RELEASED PATIENTS IS NOT SURPRISING CONSIDERING THEIR LACK OF JOB SKILLS AND FAMILIES. TABULAR DATA AND REFERENCES ARE PROVIDED. (TWK)