Stage 2: Forensic Evaluation Window (Active Order)
Proceedings Suspended
1. Motion
2. Evaluation
3. Hearing
4. Restoration
5. Trial
Current Mechanism: Judge issues formal order appointing state or independent psychiatric examiners. All substantive pretrial motion hearings, plea colloquies, and trial proceedings are automatically stayed.
Forensic Evaluation Window
30 to 60 Calendar Days
Standard statutory evaluation and reporting duration before the court reconvenes.
Operative Burden of Proof
Preponderance of Evidence (51%)
Threshold for establishing incompetency to stand trial (Cooper v. Oklahoma).
The Dusky Standard: Competency to Stand Trial (18 U.S.C. § 4241 / Dusky v. United States)
Competency evaluates the defendant's present mental condition at the time of the proceedings, not their state of mind when the alleged offense was committed.
- Factual Understanding: Defendant understands the criminal charges, basic courtroom personnel (judge, jury, prosecutor, defense), and range of potential penalties.
- Rational Understanding: Defendant perceives the proceedings without severe delusional distortion regarding the trial's stakes or reality.
- Capacity to Consult with Counsel: Defendant possesses sufficient present ability to communicate rationally with defense attorneys and participate in strategy.
Comparative Statutory Matrix: CST vs. Criminal Responsibility vs. Felony Intent
| Doctrine / Charge | Relevant Time Horizon | Legal Standard | Procedural Consequence |
|---|---|---|---|
| Competency to Stand Trial (CST) | Present Day (During Trial) | Dusky standard: Factual & rational comprehension; ability to consult counsel. | Stay of proceedings; commitment for restoration if incompetent. |
| Insanity Defense (Criminal Responsibility) | Past (Moment of the Alleged Act) | M'Naghten / ALI Rule: Inability to distinguish right from wrong or appreciate criminality. | Affirmative defense at trial; verdict of Not Guilty by Reason of Insanity (NGRI). |
| Attempted 1st-Degree Murder (Upgraded Charge) | Past (Moment of the Alleged Act) | Overt act + Specific premeditated intent to cause death (beyond mere reckless assault). | Life imprisonment exposure; heightened burden on prosecution to prove premeditation. |
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