New Jersey Section 2C:4-4 – Mental incompetence excluding fitness to proceed
How Does New Jersey Determine Incompetency?
Section 2C:4-4 lays out the following process for evaluating a defendant’s competency:
- Either party in a criminal case can file a motion asking the court to determine the defendant’s fitness to proceed. This means the prosecutor or defense attorney can request a competency evaluation.
- The court then orders an examination of the defendant by a psychiatrist or other qualified medical expert.
- The examiner submits a report with an opinion on whether the defendant has “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and has “a rational as well as factual understanding of the proceedings against him.”
- The court holds a competency hearing where the examiner testifies and other evidence may be introduced.
- The judge or jury determines if the defendant is competent based on the evidence. The standard of proof is a preponderance of the evidence.
- If found incompetent, the defendant is committed to a psychiatric facility for treatment to restore competency. The case is put on hold during this time.
- After a period of treatment, a new competency hearing is held. If found competent, the criminal case resumes.
Key Aspects of the Competency Standard
There are some important things to understand about New Jersey’s competency standard:
- Ability to Consult with Attorney – The defendant must be able to discuss their case rationally with their lawyer. They have to grasp their attorney’s advice and role.
- Factual Understanding – The defendant needs a basic grasp of the players, procedures and meaning of the criminal process. But they don’t have to understand it at the level of a lawyer.
- Rational Understanding – A delusional belief system could undermine competency if it prevents rational decisions about the case. Defendants have to make reasoned choices.
- Mental Illness Doesn’t Equal Incompetency – Having a mental disorder doesn’t automatically make someone incompetent. The illness has to significantly impair their functioning.
Defense Strategies for Incompetency
Defense attorneys have a few options for raising competency as an issue:
- Request an Evaluation – The defense can ask the court to order a psychiatric exam to assess the defendant’s competency. This is often the first step.
- Introduce Medical Evidence – At the competency hearing, the defense can present testimony from mental health experts explaining how the defendant’s illness affects competency.
- Argue Lack of Understanding – The defense can point to examples of the defendant’s irrational behavior or lack of grasp of the proceedings as evidence of incompetency.
- Raise Due Process Issues – Constitutional due process requires competency. The defense can argue trying an incompetent defendant violates their rights.
If the defendant is found incompetent, the defense will seek continued treatment until the defendant is restored to competency and can participate in their defense. This balances the defendant’s rights and public safety.
Prosecution Strategies for Competency Issues
Prosecutors also have strategies for dealing with competency:
- Request Independent Evaluation – The prosecution can ask for an independent psychiatric exam by an expert of their choosing, in addition to the initial court-ordered exam. This provides a counter perspective.
- Question Evaluation Methods – The prosecution may scrutinize the examiner’s techniques and point out any flaws or limitations of the assessment methods used.
- Show Understanding of Case – Prosecutors can present evidence about interactions with the defendant that demonstrate an understanding of the charges and proceedings, contradicting claims of incompetency.
- Argue Competency is Restorable – If incompetency is found, the prosecution can argue the defendant’s mental state can be improved with treatment to restore trial competency within a reasonable time period.
- Emphasize Public Safety Risk – The prosecution highlights concerns about public safety and the need to resume the criminal case promptly if the defendant regains competency.
Implications of an Incompetency Finding
A finding of incompetency has several implications:
- Criminal Case on Hold – The trial or other proceedings are halted until competency is restored. This pause can last months or longer.
- Commitment for Treatment – The defendant is committed to a psychiatric facility for treatment. The average length of competency restoration treatment is 60-90 days.
- No Conviction or Sentence – An incompetent defendant can’t plead or go to trial, so there is no conviction or sentence imposed during the competency process.
- Release Possible if Not Restored – If doctors determine competency can’t be restored within a reasonable time, the defendant may be released without standing trial. This is rare, but it is a possibility.
- Stigma of Incompetency – Being found incompetent can carry social stigma. An exam and treatment in a psychiatric hospital is also very disruptive and intrusive for defendants.
Balancing Act
Competency laws like Section 2C:4-4 balance important interests. On one hand, incompetency threatens a defendant’s right to due process. Trying an incompetent defendant is unfair and unconstitutional.On the other hand, pausing prosecutions for lengthy competency treatment can be disruptive.
There are public safety concerns if defendants are released without trial.New Jersey’s law aims to balance protecting defendants’ rights and mental health needs with the public interest in prompt, fair trials. But applying competency laws can be a delicate balancing act in difficult cases.