Jump to content
Sign in to follow this  
Marie11

Competence or Incompetent Pc 1368

Recommended Posts

I have so many questions about pc1368. When the violent felony cases have been suspended . What does the defense need to happen ? Will the defendant get a speedy trial ever and council fight for an acquittal?  Am i making any sense ? Can someone help me out here please.? 

 

Thank you 

Share this post


Link to post
Share on other sites

Assuming you are talking about CA penal code 1368, what happens when a defendant is declared incompetent, they are sent to a state prison psychiatric facility for treatment to restore competency.  The criminal proceedings are suspended until they are deemed competent.  Speedy trial doesn't come into play until after the preliminary hearing and arraignment on the information.  In a case involving a violent felony, they don't often go to trial quickly as there is a lot of investigation and preparation involved.  The defense attorney will continue to work on the case while the defendant is incompetent but there's a lot they can't do when the defendant is unable to assist them....

Share this post


Link to post
Share on other sites

Arraignment and preliminary hearing have been held .  Exactly what is it that the defense cannot do when the defendant is unable to assist.?  For 12 hours the defendant barricaded himself after swat team showed up and 1 officer shot him 3 times . The arm the shoulder and the neck.  It is only by a miracle he is alive . The police  tried to kill him .  The defendant is being charged with 2 counts of attempted homicide on an officer.   We have yet to see evidence supporting these allegations.  What does the defense need to do. ?  Can the defendant remain forever in an institution. ?  

Share this post


Link to post
Share on other sites
54 minutes ago, Marie11 said:

Can the defendant remain forever in an institution. ?  

Actually, yes.  That is part of the price of defending a criminal charge on the basis of an insanity defense.  Please see "One flew over the cuckoo's nest."

Share this post


Link to post
Share on other sites
3 hours ago, RetiredinVA said:

Actually, yes.  That is part of the price of defending a criminal charge on the basis of an insanity defense.

 

I agree but I'd phrase it a bit differently. It's not the insanity defense itself that leads to this problem, but rather the claim that the defendant is incompetent to stand trial. As long as the court finds the defendant is not competent to stand trial the defendant may be stuck in a mental facility until such time as he or she is competent. And if the defendant never becomes competent to stand trial then he or she may never get out of the mental facility.

Share this post


Link to post
Share on other sites

Insanity defense?   Body cam shows no evidence backing up the prosecution.  The defense council did not mention this could happen when incompetent .  Defendant is not going for insanity defense.  

Share this post


Link to post
Share on other sites
24 minutes ago, Marie11 said:

Insanity defense?   Body cam shows no evidence backing up the prosecution.  The defense council did not mention this could happen when incompetent .  Defendant is not going for insanity defense.  

 

Didn't mention it to whom? Given the charges the defendant faces, it is unlikely that the defense would want him brought to trial quickly in any event. The defense will need to time to gather all the evidence they can and prepare a defense. Moreover, often in this circumstance putting some time between the actual incident and when a jury hears the case is helpful to the defense. Given that the guy barricaded himself inside his home for 12 hours, an outright acquittal on all charges might not be a realistic outcome. But even if that is not possible, the defense will want to limit the damage as much as possible. The defense attorneys should not be discussing trial strategy with you if you are not the defendant; the last thing they'll want is the possibility that the prosecutor may learn of what they plan to do.

Share this post


Link to post
Share on other sites

As Tax Counsel pointed out, and I agree, the initial issue is whether the defendant is competent to stand trial.  The court will refer the defendant to a treatment facility that will evaluate the defendant and probably administer drugs to help him or her with their condition.  It is possible that the defendant is not found competent to assist in the trial, then the defendant may very well remain in the mental health facility for the rest of his or her life.

 

If the defendant is declared competent to participate in his or her defense and understands the charges and procedures, there is the second issue of the defendant's mental state at the time of the alleged offense.  That also requires mental health evaluation.  If the defendant is found not guilty because he or she either (1) did not understand the rightness of wrongness of the offense because of mental illness or (2) acted under an irresistible impulse because of mental illness the defendant can be found not guilty.  Note, this requires a finding that the defendant did what they did due to actual diagnosed mental illness, not just on impulse or anger (or stupidity)..

 

Whether the defendant is found guilty or not guilty, then comes the issue of whether the defendant is no longer a danger to himself or herself due to the mental illness. If the defendant is acquitted because of the mental illness and the illness continues to cause the defendant to be a danger to himself or herself, the defendant can be remanded to a mental health facility until such time as he or she is no longer a danger to himself, herself, or society.  That may result in institutionalization for the rest of the defendant's life.

Share this post


Link to post
Share on other sites
22 hours ago, Marie11 said:

Exactly what is it that the defense cannot do when the defendant is unable to assist.?

He can't go to trial, obviously.  What other assistance the attorney may need from his client can just about anything.  It could be as simple as being able o providing witness information and signing releases for information. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...