What Happens When a Defendant Is Found “Incompetent” or "Incapable" To Proceed in a Criminal Case?
By: Dr. Paige D. Schultz Recently, courts have found several defendants in high-profile criminal cases incapable of proceeding. Media coverage of these cases inevitably drives high social media engagement. With that, comes a flood of comments like: “He was competent when he did it” or “He was competent the last 14 times he was released.” That’s not how this works. “Capacity to proceed” (also called competency to stand trial) is defined in Dusky v. United States (1960) and
