In court, what is an order of competency?

Question

In what situation would an adult inmate in prison go to court for an order of competency?

What is is an order of competency and what happens if the order actually happens?

My assumption is if an inmate goes crazy in prison, they are sent to the insame asylum so they won't hurt themselves or other inmates. If they do well and are released they are released to the public again and not sent back to prison.

Am I correct? Please fill me in where I'm off....

Answer 1

You heard wrong. An order of competency states the person is competent to handle daily affairs of living that, means he understands his charges and can participate in his own defense

Incompetency states the individual does not have the capacity to handle their own affairs

You do not go to prison with a long term and then go crazy get sent to the asylum and after a few months of starting to become sane are released once again on an unsuspecting society .
A prison mental ward is where the prisoner is normally sent and when they are deemed well enough to resume their sentence then they go back to general population...
sorry to burst your bubble

Answer 2

> My assumption is if an inmate goes crazy in prison, they are sent to the insame asylum so they won't hurt themselves or other inmates.

Depends on the specific mental illness. they will go to prison designed for treating them. If and when they get better, back they go until their sentence is up.

But you question is different and refers to a suspect's ability to understand the charges against them and to participate in their defense.

they will be evaluated by specially trained psychologists, who will advise the court.

If someone is not competent to stand trial, they will be sent to the same type of prison as above, and be treated (or not as their choice - there is a current case working its way to the supreme court) then, when they are better they will be returned to court for their trial.

Answer 3

No, you aren't correct.

If you are in prison and go to court for an order of competency, they are trying to determine your mental state.

If they decide that you are mentally competent, then you go back to prison. How common do you think it is for inmates to try to get out of being in prison? You don't just get released back into society if you are found 'competent' - you finish the remainder of the sentence.

Answer 4

"Competency" actually has nothing to do with going crazy, or being a danger to others.

You can be as crazy as a loon and still be competent. Alternatively, someone who is mentally retarded can be sane, yet incompetent.

In general, the only issue for an order of competency is if the individual is competent to understand the charges against him and assist in his own legal defense.

Richard

Richard