'Lock 'Em Up And Throw Away The Key': The Involuntary Treatment and Commitment of Incompetent Criminal Defendants

摘要

To respect the rights owed to a person in the legal process, defendants must beudable to understand the criminal legal proceedings against them. In legal terms, auddefendant must be competent to stand trial. If a prosecutor, defense attorney, or judgeudquestions a defendant's competency, the legal proceedings stop until evaluations can beudconducted. Competency evaluations are one of the most common evaluations conductedudwithin the legal system. Approximately 10,000-18,000 defendants per year are foundudincompetent and sent to competency restoration services (Gowensmith, Frost, Speelman,udTherson, 2016). Competency restoration involves one or both of the following: educatinguda defendant about the legal process, and/or medication to resolve symptoms of mentaludillness, making restoration both a legal and mental health issue. This creates conflictudbetween the defendant's mental health and due process and the court's pursuit of justice.udThis paper reviews important federal and state cases, rulings, and research relatedudto the involuntary commitment and treatment of criminal defendants found not competentudto stand trial. After discussing the implications of cases, rulings, and research on thisudsubject, this paper discusses how the restoration of those found incompetent to stand trialudcan best satisfy both legal and psychological interests.