In the state of Arizona, mentally ill defendants have a right under Rule 11 to be examined for mental fitness concerning trial. If the defendant is suspected to be mentally incompetent, meaning unable to understand trial proceedings and assist in their defense, they will undergo a Rule 11 hearing. There must be substantial evidence of this mental incompetence before the defendant is granted a Rule 11 hearing. In this hearing, doctors will determine the mental competency of the defendant.
This process usually consists of two doctors performing the evaluation. Questions are asked in this evaluation such as:
- What is the role of the jury?
- What is the role of the judge?
- Do you know what a plea bargain is?
- Do you understand the charges placed against you?
The doctors then come to an agreement on whether or not the defendant is competent enough to understand trial and assist in their defense. If the doctors do not agree, a third doctor will be brought in to assist in the determination. In some cases, the doctors can rule the defendant incompetent at the time of the hearing, but they believe the defendant will be able to understand the trial through either medication or education. In those instances, the defendant will undergo the process for around 6 months.
After the doctor evaluation, the defendant will be brought back to court to determine whether they will be sent to a facility or if the case will be dismissed. Determining whether the defendant is sent to a facility is based on four criteria: is the defendant a harm to themselves or society, persistently and/or acutely disabled, or if they are severely disabled.
Fair trial is a constitutional right and Rule 11’s aim is to uphold that right. If you or someone you love is mentally ill and being charged, give us a call today. As experienced, caring attorneys, we specialize in mentally ill defense and have the tools to make sure you receive a fair trial.
