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Criminal Law

: Prevention Not Punishment

Increasing Number of Defendants Found Incompetent to Stand Trial

By Kristin Houle

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USA TODAY reports a rise in the number of accused felons who have been found incompetent to stand trial in 10 out of the 12 most populous U.S. states ("Mentally Incompetent Defendants on the Rise"). Interestingly, Texas reported a decline in this number (the article does not provide any explanation for this apparent decline, however). The review cites the lack of access to adequate mental health treatment as a major cause for the increase in other states.According to the Texas Code of Criminal Procedure (Chapter 46B, Article 46B.003):?(a) A person is incompetent to stand trial if the person does not have:1. sufficient present ability to consult with the person?s lawyer with a reasonable degree of rational understanding; or2. a rational as well as factual understanding of the proceedings against the person...continue to full post

Full post as published by Prevention Not Punishment on June 03, 2008 (boomark / email).

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