These two terms are often used in criminal proceedings, but do you know the difference between the two? This article aims to highlight the differences between competency and insanity to foster a better understanding of how they are defined and used in a criminal case in Arizona. The main difference between competency and insanity is the time period for the determination of the accused’s mental state. For competency purposes a certified examiner looks at the accused’s mental state while the defendant is pending criminal charges. For insanity, a certified examiner looks at the defendant’s mental state at the time of the alleged offense.
Pursuant to ARS §13-4503 a defendant is determined to be incompetent when the defendant is “unable to understand the nature and objective of the proceedings or to assist in his or her defense because of a mental illness, defect, or disability.” In Maricopa County, once a defendant is placed into Rule 11, two doctors will be appointed to evaluate the defendant by asking him/her questions and giving tests to determine his/her level of understanding of the charges against him/her and each party’s role in the process. More information on potential outcomes of competency hearings and the Rule 11 process can be found in Attorney Cindy Castillo’s video “Understanding what a Rule 11 hearing is in Arizona – Castillo Law (castillolawphoenix.com”
Conversely, ARS §13-502 provides that “a person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong.” It should be noted that this statute goes on to further discuss what does not constitute mental disease or defect, and what conditions do not constitute legal insanity. In this situation, if the defendant’s attorney believes the defendant had a mental illness or disease that kept him/her from knowing the criminal act was wrong, the attorney shall notify the Court and State of the attorney’s intent to lodge this defense. At this point, if it has not already been done, a certified mental health expert will complete an evaluation of the defendant which will also be provided to the Judge and the State. A hearing is then set where the defendant must prove by clear and convincing evidence that the defendant did not know the criminal act was wrong.
As competency deals with the defendant’s ability to understand the court process to ensure the defendant can assist in his/her own defense, and insanity focuses on the defendant’s ability to understand that his/her actions were wrong at the time of the offense – the standards and procedures for these situations and outcomes are very different and complex. The attorneys at Castillo Law are committed to learning the unique circumstances of our clients and can provide guidance throughout these processes with care and professionalism. To discuss your case, Cindy Castillo and Castillo Law can be reached at 480-206-5204.