The idea of competence to stand trial has a very low threshold. The examination takes about 5 minutes by a trier of fact, usually the judge. But the psychiatric industry made competency evaluations into a multi million dollar industry in each state. Competency in Arizona is defined by statute: Arizona Revised Statutes - Title 13 Criminal Code - Section 13-4501 Definitions "'Incompetent to stand trial' means that as a result of a mental illness, defect or disability a defendant is unable to understand the nature and object of the proceeding or to assist in the defendant's defense." It is different from the use of mental illness as a defense to a criminal charge. That is a different standard, which is not knowing the difference between right and wrong, that the act was wrong due to a mental illness. It has to do with the American notion of what a crime is. The US system of justice defines crime as an act (actus reus) and knowing the act is wrong (mens rea). To think that this young man who was capable of purchasing weapons, knowing where the political gathering was and shooting at the group of people does not know what a court is or a lawyer, stretches the imagination beyond reason. It makes sense if the court is using the procedure for wasting taxpayer funds.
http://www.nypost.com/p/news/national/tucson_shooter_jared_loughner_ordered_U5TWwyb65PFpkVievSMExL
Tucson shooter Jared Loughner ordered to spend four more months in prison hospital
NEWSCORE
New York Post
Last Updated: 5:20 PM, February 6, 2012
Posted: 5:19 PM, February 6, 2012
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