Not a lawyer, but I thought the typical practice would be to try him, have him plead not guilty by reason of insanity, and be sentenced to a mental hospital. This is outrageous.
Edit: I do see that he is indeed in a mental hospital, but not having the formal sentencing to such seems like a real problem.
No if they're found incompetent and can't be rehabilitated then they're usually committed to a mental institution for a period of about a quarter of their sentence. No trial involved
How can they decide what 1/4 of the sentence is if there's no charges & no trials?
Just wondering.
Maybe the judge had him committed for a specified duration? That's about the same thing, he'd just estimate the potential sentence?
Generally it's meant to work that you receive treatment, either indefinitely or untill you are deemed competent to stand trial. Jurisdiction dependant of course.
Well it says he was found incompetent. Isn’t dropping charges a common legal practice at that point?
Not a lawyer, but I thought the typical practice would be to try him, have him plead not guilty by reason of insanity, and be sentenced to a mental hospital. This is outrageous.
Edit: I do see that he is indeed in a mental hospital, but not having the formal sentencing to such seems like a real problem.
No if they're found incompetent and can't be rehabilitated then they're usually committed to a mental institution for a period of about a quarter of their sentence. No trial involved
Quarter? If charges are dropped you’d be lucky to see them do more than 90 days. They have no legal authority to keep them longer otherwise.
My state has them committed for at least a quarter 🤷♂️
How can they decide what 1/4 of the sentence is if there's no charges & no trials?
Just wondering.
Maybe the judge had him committed for a specified duration? That's about the same thing, he'd just estimate the potential sentence?
But he was competent enough to be tried and convicted last time
It shouldn’t be. We’re incentivizing criminals to act crazy in order to escape consequences.
Easy fix, don't just bring back asylums, bring back lobotomies for the criminally insane too. That'll flip that incentive off real fast.
Probably but given that this is Colorado you are forced to take a dim view of what their plan is going forward.
Generally it's meant to work that you receive treatment, either indefinitely or untill you are deemed competent to stand trial. Jurisdiction dependant of course.
It's not going to work like that though.