Competency to Stand Trial: What It Means and How It’s Evaluated
The legal system is built on the idea that a person must be able to understand and participate in their own defense. But what happens if someone is experiencing severe mental illness or cognitive impairment? That’s where the concept of competency to stand trial comes in.
At the New York Mental Group, we provide forensic evaluations to help courts determine whether an individual is legally competent to proceed. This blog offers a layperson-friendly explanation of what “competency to stand trial” means—and how forensic psychologists evaluate it.
What Is Competency to Stand Trial?
In simple terms, competency to stand trial refers to a defendant’s current ability to understand the legal process and work with their attorney to mount a defense. It does not refer to their mental state at the time of the alleged offense (that’s a separate issue called the “insanity defense”).
Competency is based on two primary questions:
Does the person understand the legal process?
Do they know what it means to be charged, what a plea is, what the roles of the judge, prosecutor, and defense attorney are, etc.?Can the person work with their attorney in a rational and meaningful way?
Are they able to communicate clearly, make decisions, and assist in their own defense?
If the answer to either question is "no" due to a mental health condition, cognitive deficit, or other impairment, the person may be deemed incompetent to stand trial—at least temporarily.
Why Does Competency Matter?
In the U.S. legal system, it’s considered unconstitutional to prosecute someone who cannot understand the proceedings against them. Trying a person who lacks competency would violate their due process rights and undermine the fairness of the legal process.
That’s why courts order competency evaluations when there’s concern about a defendant’s mental functioning.
Who Decides If Someone Is Competent?
Ultimately, the judge makes the legal determination—but their decision is often based heavily on the findings of a forensic mental health professional, such as a licensed psychologist or psychiatrist.
How Forensic Psychologists Evaluate Competency
A competency evaluation is designed to answer the specific legal question: Is this person currently capable of understanding and participating in legal proceedings?
Here’s what the process typically includes:
1. Clinical Interview
The evaluator meets with the defendant to gather background information, mental health history, and a picture of current psychological functioning. They ask questions about the individual’s understanding of the legal process and their own case.
2. Mental Status Exam
This involves observing the person’s mood, behavior, thought processes, memory, and communication skills.
3. Psychological Testing
Standardized assessments may be used to measure cognitive abilities, mental illness symptoms, or intellectual functioning.
4. Review of Records
The evaluator also reviews relevant legal, medical, and psychiatric records—such as past diagnoses, hospitalizations, or behavioral incidents.
5. Collateral Interviews (When Appropriate)
Sometimes, the evaluator may speak with attorneys, family members, or treatment providers to gather additional context.
6. Written Report
The evaluator prepares a detailed report for the court, which includes:
The person’s mental health diagnosis (if any)
Their level of understanding and ability to cooperate
Whether they meet the legal standard for competency
Recommendations (e.g., restoration services if deemed incompetent)
What Happens If Someone Is Found Incompetent?
If a person is found incompetent to stand trial, the court may order restoration treatment—typically in a hospital or outpatient setting—aimed at helping them regain competency through therapy, education, and medication. Once restored, they can proceed with the legal process.
In rare cases where competency cannot be restored, the court may consider alternative outcomes, including civil commitment or dismissal of charges, depending on the case.
Supporting Justice Through Psychological Expertise
Competency evaluations are not about deciding guilt or innocence—they’re about ensuring a fair legal process. At the New York Mental Group, we conduct thorough, unbiased evaluations that support both the individual’s rights and the integrity of the justice system.