Also known as:fit to proceed · competency to stand trial · competence to proceed
Written by attorneys · grounded in primary & secondary sources — see below
The mental capacity of a criminal defendant to understand the proceedings against him and to assist in his own defense. A defendant who lacks this capacity due to mental disease or defect may not be tried, convicted, or sentenced while the incapacity persists.
Sources & Authorities
How it applies
Common Examples
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Arraignment Delusions Prompt Evaluation
Francois Fortier, charged with embezzling grant funds, delivered a rambling and delusional statement at arraignment claiming divine voices had ordered the reallocations. His counsel moved for a psychiatric examination based on suspected psychosis. The court granted the motion and appointed a qualified psychiatrist to examine Fortier and report on his mental condition.
Erratic Behavior Raises Competence Issue
Faith Fitzgerald, an aerospace engineer facing charges of leaking classified files, interrupted hearings with disorganized statements and claims that aliens controlled her thoughts. Her attorney filed notice of a mental-disease defense and contested her ability to proceed. The court suspended further proceedings pending a determination of her fitness.
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Model Codes
Casebooks
Dusky v. United States362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)
Indigent Defendant Seeks Expert Assistance
Fabian Flynn, an indigent defendant whose sanity at the time of the offense was seriously in question, requested court-appointed psychiatric assistance to prepare a defense. Without the examination, he could not effectively present evidence on his mental condition. The court ordered the evaluation to ensure a fair opportunity to litigate the issue.
Ake v. Oklahoma470 U.S. 68 (1985)
Sanity Determination Before Execution
Frederick Ferguson, sentenced to death, exhibited signs of mental illness that raised doubt about his current understanding of the punishment. The state sought to proceed without a full hearing on his mental state. The court required an adequate procedure to determine whether he possessed the capacity to comprehend the proceedings and the reason for his sentence.
Ford v. Wainwright477 U.S. 399 (1986)
Psychiatric Testimony Used at Sentencing
Forrest Falconer underwent a court-ordered psychiatric examination during pretrial proceedings on capital charges. The prosecution later introduced statements from that examination to prove future dangerousness at the penalty phase. The court held that the compelled examination could not be used against him without proper warnings and protections.
Estelle v. Smith451 U.S. 454 (1981)
Prolonged Commitment Without Trial
Fernando Farrell was committed after a finding that he lacked capacity to proceed. Years passed without restoration of fitness or any progress toward trial. The court ruled that indefinite commitment based solely on incompetence violates due process and requires either restoration proceedings or release.
Jackson v. Indiana406 U.S. 715, 92 S.Ct. 1845, 32 L.Ed.2d 435 (1972)
Common questions
Frequently Asked
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When must a court order a psychiatric examination of a defendant?+
The court must appoint at least one qualified psychiatrist whenever the defendant files notice of intent to rely on a mental-disease-or-defect defense, whenever there is reason to doubt the defendant's fitness to proceed, or whenever mental condition is otherwise likely to become an issue. The obligation is mandatory once any of these triggers is present.
Supporting sources
What happens if the court finds the defendant lacks fitness to proceed?+
The criminal proceedings are suspended and the defendant is committed to an appropriate mental-health facility for treatment. The case resumes only when the court determines, after a hearing if requested, that fitness has been restored.
Supporting sources
Does defense counsel's notice of a mental-disease defense alone require appointment of a psychiatrist?+
Yes. Filing the required written notice of intent to rely on a mental-disease-or-defect defense is itself sufficient to trigger the court's mandatory duty to order a psychiatric examination and report.
Supporting sources
May the court deny a defense request for a psychiatric examination because the prosecutor did not join it?+
No. The rule places the duty on the court whenever the listed conditions exist, regardless of which party raises the issue. The prosecution has no exclusive right to initiate the examination.
Supporting sources
451 U.S. 454 (1981)Evidence
…ordered the State’s attorney to arrange a psychiatric examination of Smith by Dr. James P. Grigson to determine Smith’s competency to stand trial. Dr. Grigson, who interviewed Smith in jail for approximately 90 minutes, concluded that he was competent to standtrial. In a letter to the trial judge, Dr. Grigson reported his findings:…