NCJ Number
57433
Journal
Criminal Justice Review Volume: 3 Issue: 2 Dated: (FALL 1978) Pages: 45-56
Date Published
1978
Length
12 pages
Annotation
COMPARISONS OF THE DISPOSITIONS OF CHARGES AGAINST 130 DEFENDANTS JUDGED COMPETENT TO STAND TRIAL AND 121 JUDGED INCOMPETENT (BUT RETURNED TO THE COURT AS COMPETENT) REVEALED FEW SIGNIFICANT DIFFERENCES.
Abstract
THE MOST CONSISTENT DIFFERENCES FOUND, WHEN DATA FROM COUNTY CLERKS RECORDS WERE ANALYZED ACCORDING TO COURT OUTCOME AND DISPOSITION, WERE FOR DEFENDANTS CHARGED WITH VIOLENT CRIMES, INCLUDING MURDER AND ASSAULT. INCOMPETENT DEFENDANTS CHARGED WITH THESE OFFENSES WERE SIGNIFICANTLY MORE LIKELY TO BE FOUND INNOCENT, USUALLY THE RESULT OF DISMISSAL OF CHARGES. ONCE CONVICTED, HOWEVER, THE DEFENDANTS PREVIOUSLY FOUND INCOMPETENT AND WHO HAD SPENT SEVERAL YEARS ON THE AVERAGE IN A STATE HOSPITAL, DID NOT RECEIVE SIGNIFICANTLY DIFFERENT TYPE OR LENGTH OF SENTENCES. 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 USUALLY CONTAIN RECOMMENDATIONS NOT RELATED TO THE QUESTION OF COMPETENCY, INCLUDING RECOMMENDATIONS FOR DISMISSAL OF CHARGES. IT IS ARGUED THAT THE INCLUSION OF THESE RECOMMENDATIONS FURTHER REINFORCES THE ALLEGATION OF INAPPROPRIATE USE OF THE COMPETENCY PROCEDURES BY DEFENSE ATTORNEYS. STUDY DATA AND REFERENCES ARE PROVIDED. (DAG)