Family Member Fumes Over Mental Health Laws

A judge ruled a man accused of a fatal stabbing was unrestorably incompetent and therefore unable to stand trial. The alleged victim’s son called that ruling “overwhelmingly wrong.”

At the time, the alleged victim was living at an assisted living facility that cared for people with mental health conditions. Immediately after his arrest, the defendant was transferred to Central State Hospital, a state-run psychiatric facility. It was determined that Rawlings needed to undergo competency evaluations. Two years later, after repeated competency hearings,  the alleged victim’s son said the state nolle prossed the case, because a judge ruled the defendant was permanently unfit to stand trial.

“This feels so overwhelmingly wrong,” he said. “It feels like it didn’t happen. That’s what it feels like. It feels like it didn’t happen, and that is what bothers me immensely because it did happen,” he continued.

“This is not that unusual. There is, probably every week in Richmond in General District Court— a competency hearing, every couple of weeks,” Richmond Commonwealth’s Attorney Colette McEachin said.

Incompetent

As mentioned in the above story, competency hearings are quite common in Loudoun County. Typically because they aren’t taking their medications, defendants can’t  understand why they were arrested and the proceedings against them, and are therefore incompetent to stand trial.

Generally, such individuals are temporarily incompetent. Judges commit them to local mental facilities until they become competent, usually after they get back on their medication. Some drugs require a month, or even longer, to become fully effective, which is why so many temporary incompetence cases are passed once, twice, or even more than that.

Incidentally, there’s a connection between mental health and criminal activity. Many people commit crimes when they get off their meds and aren’t thinking clearly. This form of temporary insanity isn’t a legal defense, but a Leesburg criminal defense lawyer could use it as a mitigating circumstance. More on that below.

Occasionally, defendants are so far gone that they never regain competency and are thus unfit to stand trial. Pet owners often don’t punish dogs for offenses like pooping on the rug. The animals don’t remember what they did and thus don’t understand why they’re being punished. Surely, people deserve at least the same treatment.

Insane

Back in the day, Virginia and most other states had liberal insanity defense laws. In fact, legal insanity was almost like incompetency. John Hinkley, a person some people in Northern Virginia may know, at least by reputation, changed that.

In 1981, shortly after his inauguration, a deranged Hinkley shot and nearly killed President Ronald Reagan. At his trial, Hinkley’s lawyers argued that an irresistible impulse compelled Hinkley to shoot Reagan. The jury agreed with what was basically the temporary insanity defense. Although Hinkley spent the next twenty-plus years in a secure mental facility that resembled a prison, many people were outraged that Hinkley “got off scot free.”

In response, Congress changed the federal insanity defense. Most states, including Virginia, followed suit. Now, a Leesburg criminal defense lawyer must prove that, because of a mental disease or defect, the defendant didn’t know the difference between right and wrong.

Almost immediately, the insanity defense went from a viable option to a desperation Hail Mary pass. Many lawyers don’t even consider using it today.

Inadequately-Developed Brain

This mitigating circumstance could apply if the defendant is younger than 26 (or thereabouts) or, as mentioned above, the defendant was on or off drugs at the time.

Generally, the brain fully develops around age 26. People younger than that often make reckless choices because they cannot evaluate risk/reward. Young children chase basketballs into busy streets because they appreciate the reward (getting the ball) but not the risk (getting killed).

A Leesburg criminal defense lawyer can use the on/off drugs mitigating circumstance if the defendant is charged with a specific intent crime, like aggravated assault. Typically, people with clouded minds can intend the action (hitting someone) but not the result (seriously injuring someone).

Work With a Diligent Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.

Source:

wtvr.com/news/local-news/natalie-simmons-fatal-stabbing-may-29-2024