What are the implications of a finding that a defendant in a criminal case is incompetent and therefore cannot be tried or adjudged to punishment?
California, United States of America
The following excerpt is from People v. Hayes, 21 Cal.4th 1211, 91 Cal.Rptr.2d 211, 989 P.2d 645 (Cal. 1999):
[91 Cal.Rptr.2d 260]
Trial of an incompetent defendant violates the due process clause of the Fourteenth Amendment to the United States Constitution (Godinez v. Moron (1993) 509 U.S. 389, 396, 113 S.Ct. 2680, 125 L.Ed.2d 321) and article I, section 15 of the California Constitution. Those protections are implemented by statute in California. A criminal defendant is incompetent and may not be "tried or adjudged to punishment" if "as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner." ( 1367, subd. (a).) Section 1368 mandates a competency hearing if a doubt as to a criminal defendant's competence arises during trial. That may occur if counsel informs the court that he or she believes the defendant is incompetent ( 1368, subd. (b)), or "[i]f during the pendency of an action and prior to judgment, a doubt arises in the mind of the judge as to the mental competence of the defendant." ( 1368, subd. (a).)[91 Cal.Rptr.2d 260]
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