Background
In general, if a defendant is found incompetent to proceed to trial, the criminal proceedings are suspended. In those cases, where the charges are petty, the charges are often dropped or a plea bargain may be made in which the charges are nolle prossed if the defendant agrees to seek treatment. Otherwise, the defendant is usually committed to a psychiatric hospital for treatment until the defendant is restored to competency, at which point the trial will proceed. [3]
Facts
Theon Jackson, a deaf-mute who could not read, write or communicate in other ways, was charged with two counts of petty theft. Competency evaluations and testimony by the evaluating doctors showed that Jackson's intelligence was too low for him to understand the nature of the charges against him, even if he were able to develop the ability to communicate, and that the prognosis for restoration of competency was "rather dim" even if he were not a deaf mute. Despite testimony that the state of Indiana had no facilities to treat Jackson's problems, Jackson was committed to a psychiatric hospital for treatment. [2] [4]
Appeals
Jackson filed a motion for a new trial. This was denied.
Appealing on a writ of certiorari to the Supreme Court of Indiana, Indiana attorneys Frank Spencer and Robert Robinson argued on behalf of the petitioner Jackson that Jackson's commitment was equal to a "life sentence" even though he had not been convicted of a crime. They claimed that petitioner Jackson was being denied equal protection because, without the criminal charges pending against him, the State would have been required to proceed using Indiana's statutory provisions for the feeble-minded or for the mentally ill. Under these provisions Jackson would have been entitled to greater rights. They also claimed that what was essentially an indefinite commitment deprived him of due process and subjected him to cruel and unusual punishment. However, the State Supreme Court affirmed the denial of the lower court. A rehearing was also denied. The U.S. Supreme Court granted certiorari. [2]
Ruling
The Supreme Court reversed. With Indiana attorney Robert Robinson present, arguments were presented by Indiana attorney Frank Spencer. (recording here: https://www.oyez.org/cases/1970-1979/1971/1971_70_5009). It held that the state of Indiana cannot constitutionally commit the petitioner for an indefinite period of time on the sole grounds that he was incompetent to stand trial on the charges filed against him, thus violating both the equal protection and due process clauses of the Fourteenth Amendment.
The Court examined Indiana procedure of pretrial commitment of incompetent criminal defendant as set forth in Ind. Ann. Stat. 9-1706a and compared it with the procedures for committing persons who are "feeble-minded, and are therefore unable properly to care for themselves" and those for the "mentally ill". The Court found the procedures were essentially similar with one important difference. A person committed as "feeble-minded" may be released "at any time" his condition warrants it in the judgment of the superintendent of the institution. A person committed as "mentally ill" may be released when the superintendent of the institution discharges him, or when he is cured. Committing the criminal defendant indefinitely violates equal protection. [2]
Therefore, the Court ruled that Indiana's indefinite commitment of a criminal defendant solely because he lacks the capacity to stand trial violates due process.
Such a defendant cannot be held more than the reasonable period of time necessary to determine whether there is a substantial probability that he will attain competency in the foreseeable future. If it is determined that he will not, the State must either institute civil proceedings applicable to the commitment of those not charged with a crime, or release the defendant. [2]
The Court declined to rule on the issue of the pending charges themselves, reasoning that the issue of petitioner's criminal responsibility at the time of the alleged offenses has not yet been adjudicated, and therefore it would be premature for the Court to dismiss the charges against petitioner. [2]
Significance
Before this landmark case, pre-trial involuntary commitment of incompetent individuals often meant lengthy or even lifetime confinement in a maximum security institution with little concern for treatment. This was true even though they were neither tried for or convicted of a crime. In this case, the Court for the first time put limits on the length of time an incompetent person may be confined. However, the Court offers only general guidelines and by 1994, twenty years after the case, 32 states still had not enacted periodic judicial review of incompetent detainees. Many states still allowed a detention period that exceeded that maximum sentence that person would have received if convicted. [3]
Further, by refusing to rule on the charges themselves, the court did not clarify the proper disposition of criminal charges pending against a person whose competency can not be restored. This means that in those states where the charges are not dismissed, the individual may not be converted to a civil status eligible for civil commitment, resulting in such an individual's continued confinement in a secure prison with little opportunity for treatment and fewer privileges. [3]
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or to be a danger to themself or to others.
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
Forensic psychiatry is a subspeciality of psychiatry and is related to criminology. It encompasses the interface between law and psychiatry. According to the American Academy of Psychiatry and the Law, it is defined as "a subspecialty of psychiatry in which scientific and clinical expertise is applied in legal contexts involving civil, criminal, correctional, regulatory, or legislative matters, and in specialized clinical consultations in areas such as risk assessment or employment." A forensic psychiatrist provides services – such as determination of competency to stand trial – to a court of law to facilitate the adjudicative process and provide treatment, such as medications and psychotherapy, to criminals.
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. In the United States, twenty states, the federal government, and the District of Columbia have a version of these commitment laws, which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws.
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms.
Involuntary treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.
O'Connor v. Donaldson, 422 U.S. 563 (1975), was a landmark decision of the US Supreme Court in mental health law ruling that a state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends. Since the trial court jury found, upon ample evidence, that petitioner did so confine respondent, the Supreme Court upheld the trial court's conclusion that petitioner had violated respondent's right to liberty.
Sell v. United States, 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried. Specifically, the court held that lower courts could do so only under limited circumstances in which specified criteria had been met. In the case of Charles Sell, since the lower court had failed to determine that all the appropriate criteria for court-ordered forcible treatment had been met, the order to forcibly medicate the defendant was reversed.
Florida State Hospital (FSH) is a hospital and psychiatric hospital in Chattahoochee, Florida. Established in 1876, it was Florida's only state mental institution until 1947. It currently has a capacity of 1,042 patients. The hospital's current Administration Building is on the National Register of Historic Places.
In the United States criminal justice system, a competency evaluation is an assessment of the ability of a defendant to understand and rationally participate in a court process.
Kansas v. Hendricks, 521 U.S. 346 (1997), was a United States Supreme Court case in which the Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.
Foucha v. Louisiana, 504 U.S. 71 (1992), was a U.S. Supreme Court case in which the court addressed the criteria for the continued commitment of an individual who had been found not guilty by reason of insanity. The individual remained involuntarily confined on the justification that he was potentially dangerous even though he no longer suffered from the mental illness that served as a basis for his original commitment.
Riggins v. Nevada, 504 U.S. 127 (1992), is a U.S. Supreme Court case in which the court decided whether a mentally ill person can be forced to take antipsychotic medication while they are on trial to allow the state to make sure they remain competent during the trial.
Addington v. Texas, 441 U.S. 418 (1979), was a landmark decision of the US Supreme Court that set the standard for involuntary commitment for treatment by raising the burden of proof required to commit persons for psychiatric treatment from the usual civil burden of proof of "preponderance of the evidence" to "clear and convincing evidence".
Cooper v. Oklahoma, 517 U.S. 348 (1996), was a United States Supreme Court case in which the Court reversed an Oklahoma court decision holding that a defendant is presumed to be competent to stand trial unless he proves otherwise by the second highest legal standard of proof, that of clear and convincing evidence, ruling that to be unconstitutional. The court said the defendant's Fourteenth Amendment rights to due process were violated.
Indiana v. Edwards, 554 U.S. 164 (2008), was a United States Supreme Court case in which the Court held that the standard for competency to stand trial was not linked to the standard for competency to represent oneself.
Jones v. United States, 463 U.S. 354 (1983), is a United States Supreme Court case in which the court, for the first time, addressed whether the due process requirement of the Fourteenth Amendment allows defendants, who were found not guilty by reason of insanity (NGRI) of a misdemeanor crime, to be involuntarily confined to a mental institution until such times as they are no longer a danger to themselves or others with few other criteria or procedures limiting the actions of the state.
United States federal laws governing offenders with mental diseases or defects provide for the evaluation and handling of defendants who are suspected of having mental diseases or defects. The laws were completely revamped by the Insanity Defense Reform Act in the wake of the John Hinckley Jr. verdict.
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital (inpatient) or in the community (outpatient).
