What many people misunderstand is that typically incompetence to stand trial is a temporary condition. If an individual is unable to assist their counsel due to a mental condition, such as depression or anxiety (and posttraumatic stress is an anxiety disorder), then the individual is committed to a forensic jail-based hospital for treatment. They continue their confinement with treatment. They are then re-evaluated and tried for their crimes once they become competent. They do not free. This process prolongs their incarceration. However, an individual cannot receive a fair trial if they are unable to assist their attorney.
Expert: Padilla incompetent to stand trial | February 22, 2007 | MSNBC.comExpert: Padilla incompetent to stand trial
Years of isolation have put al-Qaida suspect under stress, doctor says MIAMI - Alleged al-Qaida operative Jose Padilla suffers from intense stress and anxiety after being imprisoned in isolation for years and cannot adequately help his lawyers prepare for a criminal trial, a mental expert testified Thursday... More...
