Virtually always, such defendants are psychotic and the treatment of choice would be psychotropic medication. Practice advice can be found at:. Most states assume and most courts have held that the state's interest in resolving the defendant's guilt outweighs the defendant's liberty interest.
Pre-arrest decision-making. Moreover, hospitals for the criminally insane and other institutions that treat incompetent defendants often do not provide high-quality treatment that would ensure the success of brief incompetence commitments.
There were many problems with the reasoning in Hendricks. Dealing with high risk sex offenders in the community: Risk management, treatment and social responsibilities.
Willan Publishing. Another unresolved issue is whether a defendant who is competent only when he or she is being treated with psychotropic medication—socalled synthetic competence or synthetic sanity—may be fairly tried because such medication can alter a person's presentation of self and might give the finder of fact an inaccurate impression of the defendant.
Personality disorders, such as bipolar conditions, and developmental disorders such as autism or attention deficit disorders, are generally excluded. But custodial incarceration and "punishment" represent a misuse of mental health resources and professionals.
In: Gannon, T.
The issues of the automatic imposition of the upper term and the allowance of credits for good behavior are severable and we will examine each in turn. Seling describes various challenges to the conditions of sexual predator commitments in the lower courts that demonstrated that these conditions were unconstitutional and required improvement and monitoring to ensure that they met constitutional standards.
Moreover, hospitals for the criminally insane and other institutions that treat incompetent defendants often do not provide high-quality treatment that would ensure the success of brief incompetence commitments. Although the Jackson decision prohibits lifelong incompetence commitments, defendants can still remain hospitalized for far longer than the few months needed if proper treatment is provided.