Criminal Defense Lawyers

New Jersey Section 2C:4-5 – Psychiatric or psychological examination of defendant with respect to fitness to proceed

Section 2C:4-5 of the New Jersey Code of Criminal Justice deals with psychiatric or psychological examinations of defendants to determine their fitness to proceed in a criminal case. This section allows the court to order an examination of the defendant by a psychiatrist or licensed psychologist if there is reason to doubt the defendant’s fitness to proceed.

Overview of Section 2C:4-5

The main points of Section 2C:4-5 are:

• The court can order an examination of the defendant by a psychiatrist or licensed psychologist if there is reason to doubt the defendant’s fitness to proceed. This can be done on the court’s motion or by motion of the prosecutor or defense attorney.
• The examination should take place on an outpatient basis, but the court can order inpatient commitment if necessary.
• The examiner must submit a report to the court with a diagnosis, opinion on the defendant’s capacity to understand the proceedings and assist in their own defense, and prognosis on the defendant regaining fitness within a reasonable time.
• The court provides copies of the report to the prosecutor and defense counsel. The report is not considered a public record.
• The defendant has the right to an independent expert examination in addition to the court-ordered examination.
• Any statements made by the defendant during the examination cannot be admitted at trial except on the issue of the defendant’s mental condition.

When a 2C:4-5 Examination Can Be Ordered

The court can order a 2C:4-5 examination if there is “reason to doubt” the defendant’s fitness to proceed. This is a pretty low threshold. Reason to doubt fitness may come from the defendant’s behavior in court, attorney representations about the defendant’s mental state, or any other evidence raising competency concerns.

The Examination Process

The examination is conducted by a psychiatrist or licensed psychologist. The court will appoint a neutral examiner, not one affiliated with either party. The exam takes place on an outpatient basis unless inpatient commitment is needed.

Use of the Examination Report

The report gives the court expert input on the defendant’s competency. However, the final ruling is still made by the judge. The court can rely on other evidence as well in determining the defendant’s fitness.

Right to an Independent Evaluation

In addition to the court-ordered exam, the defense has the right to request their own competency evaluation by an independent expert. The independent expert can interview the defendant and review their medical records. They may come to a different conclusion than the neutral court examiner.

Consequences of a Finding of Incompetency

If the court ultimately rules the defendant is unfit to proceed, the criminal case is paused. The defendant will be committed to a psychiatric facility to receive treatment aimed at restoring their competency.

Constitutional Basis for Competency Protections

The standard for competency comes from the 1960 Supreme Court case Dusky v. United States. Dusky established that the Constitution requires a defendant to have “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and “a rational as well as factual understanding of the proceedings against him”.

Controversies Related to 2C:4-5 Examinations

Competency evaluations under 2C:4-5 are sometimes controversial. One issue is defendants faking mental illness to be found incompetent and avoid prosecution. Safeguards like multiple examiners help prevent this kind of abuse.

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