Incompetent to Stand Trial

The Basics
A forensic psychiatrist can be involved in all segments of the trial process, pretrial, post-trial and during the trial itself. In regards to mental competency they may be asked before the trial to evaluate, judge and asses the suspects ability to stand trial. In short, this means that the psychiatrist is asked to evaluate the defendants mental c competency.

What Does Competent Mean?
To be mentally competent to stand trial a defendant or suspect must be able to understand what he is being tried for, the consequences of his actions as well as the role of the court and attorneys. He must understand and be able to appreciate the nature of his crime and the workings of those seeking justice for it. If he does not it may affect the defendant's attempt to participate in his own defense and therefore render the trial unfair.

What Can Render One Incompetent?
There are several basic and common things that can determine a lack of competence. These mental disorders include but aren't limited to mental retardation, severe drug/alcohol addiction, severe neuroses, paranoid/severe anxiety states, certain brain abnormalities and syndromes and psychoses or schizphrenias that effect an altered perception of reality.

The M'Naughten Rule and the Insanity Defense
The laws ruling upon mental competency date back to nineteenth century england. The M'Naughten Rule which dictated that a perpetrator that suffered from a disorder that would prevent his understanding and knowledge of the consequences of his actions could be found not guilty for reasons of insanity.

This was altered in 1984 by the Insanity Defense Reform Act passed by congress which states specifically that a person could be found not guilty by reason of insanity if "the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts."

Diagnosing "Insanity"
It's important to understand that a psychiatrist cannot diagnose "insanity". Insanity is a legal term and not a medical one. What psychiatrists and psychologists can do is diagnose a person with mental disorders which is not quite the same thing. Someone being judged as insane holds credence in a legal perspective, but is not medical.