Penal Code 1368 PC – Mental Competency for Trial in California
When a defendant in a criminal case is having mental issues such to the level that they can no longer cooperate with their attorney, and they're in a mental state where they really can't comprehend what's going on related to their criminal case, it's up to their criminal defense attorney to declare a doubt as to their competency under Penal Code Section 1368.
Our California criminal defense attorneys are providing an overview below to help readers better understand someone's mental competency to stand trial.
Criminal Proceedings are Suspended for Mental Evaluation
Once that is done, the judge will typically suspend criminal proceedings and send the person—at least in Los Angeles County—to a mental health department in downtown Los Angeles. Next, an expert will evaluate that person to diagnose their mental issues.
Ultimately, they will determine whether or not, at some point, that person can become competent and be able to face their charges, either work out a resolution through a plea bargain through their attorney or go to trial and fight their case.
Before they can do any of that, they've got to understand what's going on with their case and what they're charged with, and they need to be able to assist their attorney in their defense.
This is a fundamental right guaranteed by the Sixth Amendment to the Constitution of the United States: the right to defend oneself and to comprehend the proceedings of their criminal case.
It becomes particularly complex when a person commits a crime and a mental defense is brought into play.
Maybe they weren't sane at the time they committed the crime, or perhaps they have a mental illness that prevents them from being able to understand right from wrong and be able to commit certain crimes.
It's universally accepted that to commit a criminal offense in Los Angeles or anywhere in the United States, the person must know right from wrong and realize what they're doing is not lawful. See CALCRIM 3451 – Present Mental Competence of Defendant.
If they don't, then the defense attorney can make the argument that they were insane at the time they committed the offense. If this is successful, they're typically not guilty because of insanity. At that point, they'll usually be sent to a location like Patton Hospital, where they'll be held until they're determined to be sane and safe to be able to be released into society.
Insanity Defense in Criminal Cases
So, this whole concept of declaring a doubt is probably one of the first steps towards a person realizing they have a mental illness. Then it's going to be up to society, combined with them, to try to figure out how to help that person with their mental illness.
Not all mental illnesses will result in a defense to a particular crime, but they certainly can make the criminal proceedings take a lot longer. Sometimes, it can take many months for a person to regain their mental competency.
Sometimes, mental competency is lost — the trigger is alcohol or drugs. Sometimes, it's simply that the person has a mental illness, is off their medication, or maybe they're undiagnosed, and they end up getting diagnosed while the criminal proceedings are going on.
The authorities also know that sometimes people will fake a mental illness to avoid facing their criminal charges or to gain some other advantage in a criminal case.
Therefore, the court system relies on experts and their common sense to navigate these complex cognitive issues.
Instead of just sending the person to prison, several different programs can now be utilized under the right circumstances to help the person instead of punishing the person.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County.
