Competence can have different meanings. For example, according to Bursztajn & Brodsky, competence of a defendant is associated with his/her ability to perform a task. A person is presumed competent if there is no mental condition which can influence her/his understanding of consequences of some behavior and actions. At the same time, insanity (criminal responsibility), according to Bursztajn & Brodsky, is associated with some mental illness of defendant. On the basis of the presence of a mental condition a defendant can be excused for his/her misconduct (Bursztajn& Brodsky,1996).
Main questions which must be addressed when discussing competence of a defendant are “Did a defendant understand available choices?”, “Have an individual freedom of undue influence?” “Was an individual capable to make choice?”, etc.
As a rule competence is described in terms of cognitive awareness, however, factors of affective dimension also must be discussed when indicating competence or incompetence of a defendant. For example, overwhelming affect can cause individuals ability to make choice or perceive reality, etc. However, affect is not mental diseases, psychosis, but it still influence significantly an individual`s behavior. Psychiatrists evaluating a competence of an individual must to know which specific area of competence of a defendant must be evaluated (Bursztajn& Brodsky,1996).
Gutheil discuss differences between competence to stand a trial and criminal responsibility. He pointed out that competence to stand trial is associated with ability to understand possible penalties and to collaborate with his/her lawyer. For example, a defendant can have relapse of a one`s mental disease during a trial process. In this case, a defendant will be incapable to deny some errors of witness, to inform his/her attorney about fact of particular events, etc. For example, a woman who killed her husband because he cheated her can demonstrate signs of mental illness during trial process. However, appearing of signs of mental illness (features of incompetence to stand a trial) of this woman in the courtroom does not mean that she was insane in the moment of killing her husband.
Or, conversely, a defendant can be competent during a trial process, but it does not mean that he/she has not been insane during commission of a crime. For example, in the case of John Hinckley, who shot President Reagan, the question about his insanity had been arisen. However, many people who saw his calmness in the courtroom concluded that this calm behavior was a proof of his sanity (Gutheil, 1999).
Two main standards which indicate that defendant is competent to stand a trial are (1) the individual`s ability to understand charges against him/her and possible penalties which can be applied to him/her, and (2) ability to cooperate with attorney. Individuals who are presumed as incompetent to stand a trial should be exposed to particular treatments and use of medication for revealing their competency to stand a trial (Gutheil, 1999).
Insanity is also called criminal nonresponsibility or insanity at the time of the criminal act. Insanity is not psychiatric term; it has only legal meaning, while mental illness is a medical term. If a person is presumed as insane it means that legal system admits him as nonresponsible for the crime because of his condition. While trial competence is associated with present mental state of a defendant, insanity is retrospective phenomenon which involves a mental state of a defendant at the past times.
One of the standards of indicating insanity of defendant is measuring ability of an individual to understand wrongfulness of his his/her crime actions because of his mental condition. Another criterion of insanity is deficit of substantial capacity to behave and to act accordingly to requirements of law because of mental disease (Gutheil, 1999).
References
Bursztajn, H. J., & Brodsky, A. (1996). Competence and insanity. Psychiatric Secrets. Philadelphia: Hanley & Belfus, 501-515.
Gutheil, T. G. (1999). A confusion of tongues: competence, insanity, psychiatry, and the law. Psychiatric Services.
