Mental Disability in the American Criminal Process

Abstract

“Incapacity to stand trial” is a traditional common law concept prohibiting prosecution of those who lack the capacity to understand the criminal proceedings against them and to assist in their own defense. It differs from “not guilty by reason of insanity” in that incapacity at the time of trial does not excuse criminal responsibility. Instead, it recognizes that regardless of one’s mental condition at the time of the offense one should not face the criminal justice system while presently incapable of comprehending the proceedings. The traditional ban on proceeding against one who is incapable has been viewed as a by-product of the common law maxim that one has the right to be present at his own trial. Foote, A Comment on Pre-Trial Commitment of Criminal Defendants, 108 U. Pa. L. Rev. 832, 834 (1960). In effect, this view holds that one who is without comprehension is essentially absent.

The four tables in this chapter represent a survey of the 50 American states, the District of Columbia, and the federal jurisdictions with regard to four mental disability issues. The first table carries the title Incapacity to Stand Trial: Mental Disability at Time of Trial, and is a survey of both case and statutory law. The second table, also covering case and statutory law, is Excusing Criminal Responsibility: Mental Disability at Time of Offense (Not Guilty by Reason of Insanity). The third represents a survey of what are commonly referred to as Mentally Disordered Sex Offender Statutes. The fourth is a survey of Prison to Mental Hospital Transfer Statutes. Each table is preceded by an introductory narrative of historical information, constitutional mandates, and current trends.