Competency To Stand Trial: A Dilemma for Criminal Justice Professionals and Advocates
For individuals with intellectual and developmental disabilities, there are complexities that impede fairness within the criminal justice system. One complexity is competency to stand trial. Competency measures a defendant’s ability to understand the case against him and assist in his defense. If he is found incompetent, his criminal case cannot be continued until his competency is restored in an in-patient or outpatient restoration program. While actual statistics are scarce, research indicates that many people with disabilities, including autism, do not receive the services they need to be found competent. Instead, they linger in correctional institutions or hospitals for too long, depriving them of their right to a speedy trial. To learn more about criminal competency for individuals with, view The Arc’s National Center on Criminal Justice & Disability’s® latest webinar, “Competency of Individuals with I/DD in the Criminal Justice System: A Call to Action for the Criminal Justice Community.”