In 10 of the 12 biggest states in the country, the number of defendants who are ruled incompetent to stand trial is rising. Those rulings delay or block trials, and it can cost states millions to house and treat the defendants. But just because the rulings are disruptive, that doesn't mean they are unnecessary.
USA Today discovered the trend and tried to figure out what is going on.
The paper reports:
Legal analysts attribute the increase to a lack of mental health care, judges' increased openness to such claims and legal strategies by defendants to try to avoid harsh punishment.
"It's a huge problem," says Joshua Marquis, a vice president of the National District Attorneys Association. "It's equally bad for the accused and the victims" because cases linger.
Criminal defendants who do not understand the legal proceedings against them are generally declared by judges to be incompetent for trial. Most are referred to mental health facilities and treated. The length of treatment varies from an average of three weeks in Virginia to more than nine months in Tennessee before they are deemed fit for trial or mental health experts determine they cannot be successfully treated, the USA Today review found.
