Also known as: incompetence to stand trial · incompetent to stand trial · incompetency · incompetence · competency hearing · fitness to plead
Written by attorneys · grounded in primary & secondary sources — see below
A due process prohibition that bars trying or sentencing a criminal defendant whose present mental condition prevents a rational and factual understanding of the proceedings or a sufficient present ability to consult with counsel with a reasonable degree of rational understanding.
Isla Ireland was charged with theft. At arraignment she stared blankly and could not answer basic questions about the charges or her attorney. The judge directed a guilty verdict anyway and later faced discipline for the fundamental error of trying an incompetent defendant.
Imran Iyer faced murder charges and displayed delusions about divine commands. The court appointed a psychiatrist to evaluate whether Iyer could understand the proceedings and assist counsel. The evaluation confirmed incompetency and halted the trial.
Imani Idowu was sentenced to death. While on death row he developed severe psychosis and no longer understood the punishment or its purpose. The court stayed execution pending a competency determination.
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Ira Irving, with an IQ of 65, was charged with capital murder. Defense experts showed he could not rationally comprehend the proceedings or consult with counsel. The court found him incompetent and ordered civil commitment proceedings instead of trial.
Isabelle Inman was found incompetent to stand trial and committed for restoration. She refused antipsychotic medication that might restore competency. The court weighed her liberty interest against the state's interest in trying her.
Isaiah Ishikawa was convicted and sentenced to death despite evidence of intellectual disability that impaired his understanding of the trial. On post-conviction review the court considered whether the disability rendered him incompetent at the time of trial.
Due process forbids trial when a defendant's present mental condition prevents a rational and factual understanding of the proceedings or the ability to consult with counsel with a reasonable degree of rational understanding. The test focuses on the defendant's current capacity rather than past mental state.
A state may require the defendant to prove incompetency by a preponderance of the evidence. Requiring clear and convincing evidence violates due process because it risks trying actually incompetent defendants.
When evidence raises a bona fide doubt about the defendant's competence the trial judge has a constitutional duty to order a hearing on its own motion. Failure to do so cannot be treated as a waiver.
Standards for commitment of an incompetent defendant must be essentially the same as those for civil commitment of persons not charged with crime. An incompetent defendant cannot be hospitalized indefinitely solely on the basis of incompetency without appropriate civil commitment proceedings.
…during most of his life. Implicitly rejecting the approach taken in Saikewicz , the court reasoned that due to such life-long incompetency, "it is unrealistic to attempt to determine whether he would want to continue potentially life prolonging treatment if he were competent." As the evidence showed that the patient's required…