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A quick note on 'not competent to stand trial'.

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 07:30 AM
Original message
A quick note on 'not competent to stand trial'.
Not competent to stand trial is not a verdict, it is a procedural finding. It does not necessarily prevent a trial from occurring, but delays it until the suspect is found competent to stand trial through treatment. If that day never comes, the suspect is not allowed to go free, they stay institutionalized.

It does not preclude a guilty verdict. It is different than 'not guilty by reason of insanity', which is a verdict.

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Shagbark Hickory Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 07:32 AM
Response to Original message
1. So rare to find such a calm voice of reason so early in the moring. nt
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Sat May-28-11 12:37 AM
Response to Reply #1
10. it is shocking how mental illness is ignored in this country. Prisons
are filled with them and so are our streets.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 07:36 AM
Response to Original message
2. So you're saying this is a conspiracy to subvert justice; Loughton will never get his day in court!!


I keed. I keed.
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MindPilot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 07:38 AM
Response to Original message
3. Remember that Judge Burns is a conservative.
He has demonstrated in the past that he is not afraid to let that influence his rulings.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 07:40 AM
Response to Original message
4. Damn, Skippy. Why are you standing in the way of a good conspiracy theory?
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obxhead Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 07:46 AM
Response to Original message
5. Thank you.
Clear and concise.

Some of the comments I've read on DU about this subject truly AMAZE me.
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TexasProgresive Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 08:58 AM
Response to Original message
6. I looove the sound of reason
in the morning.
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GeorgeGist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 09:14 AM
Response to Original message
7. Let me get this straight.
If treatment is successful, then the suspect can stand trial, be convicted and then executed.
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 08:07 PM
Response to Reply #7
9. Correct.
His council would still likely invoke the insanity defense, but it would not necessarily be successful.

Competency to stand trial is purely procedural.
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rug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-27-11 09:15 AM
Response to Original message
8. Furthermore, a defendant must be determined to be sane before he can plead insanity.
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