News today

[dtrain79]

I'm not saying this is accurate, but I asked AI "in the usa, what % of criminals are found unfit for trial"

"Of the criminal defendants who undergo formal competency evaluations in the United States, roughly 20% to 30% are found incompetent to stand trial (IST)—meaning they are deemed mentally unfit to proceed at that time."

That seems pretty high to me, and it seems to be happening more frequently. I agree, we need insane asylums. If people are unfit for trial, they are unfit for society. Again, that's just my opinion, but one that I feel pretty confident about.

I asked AI something similar, and here's what it gave me. I'd say this is much more likely to be true (or maybe you didn't see the first part which demonstrates competency evaluations aren't that common). Attorneys ask for a competency evaluation in about 5% of cases and perhaps 25 % of those succeed. That would mean about 1.25% of defendants don't proceed due to competence (but in that case they'd be institutionalized until found competent, except where the crime was fairly minor).

• • Referrals: Defense attorneys or judges request competency evaluations in roughly 2% to 8% of felony cases, or an estimated 60,000 to over 120,000+ evaluations nationwide each year. [1, 2, 3]
  • Findings of Incompetency: Among the defendants who are actually referred and evaluated for competency, meta-analytic and historical studies show that roughly 20% to 27.5% are ultimately found incompetent to stand trial (IST). More recent local and state-level studies suggest that rates can vary widely (from about 30% up to 50% or higher depending on the jurisdiction and whether minor or misdemeanor charges are included). [1, 2]
  • Overall Criminal Population: Out of all people arrested or accused of a crime in the U.S. overall, the percentage found unfit for trial is a small fraction of 1%, because the vast majority of defendants are never referred for a mental competency evaluation. [1]

 

[rillaman]

I asked AI something similar, and here's what it gave me. I'd say this is much more likely to be true (or maybe you didn't see the first part which demonstrates competency evaluations aren't that common). Attorneys ask for a competency evaluation in about 5% of cases and perhaps 25 % of those succeed. That would mean about 1.25% of defendants don't proceed due to competence (but in that case they'd be institutionalized until found competent, except where the crime was fairly minor).

• • Referrals: Defense attorneys or judges request competency evaluations in roughly 2% to 8% of felony cases, or an estimated 60,000 to over 120,000+ evaluations nationwide each year. [1, 2, 3]
  • Findings of Incompetency: Among the defendants who are actually referred and evaluated for competency, meta-analytic and historical studies show that roughly 20% to 27.5% are ultimately found incompetent to stand trial (IST). More recent local and state-level studies suggest that rates can vary widely (from about 30% up to 50% or higher depending on the jurisdiction and whether minor or misdemeanor charges are included). [1, 2]
  • Overall Criminal Population: Out of all people arrested or accused of a crime in the U.S. overall, the percentage found unfit for trial is a small fraction of 1%, because the vast majority of defendants are never referred for a mental competency evaluation. [1]

Good stuff, and somewhat reassuring. As I said, it does appear to be happening more frequently, but that might just be based on where I live. Some very violent offenders being released. There was a story in the news last year of a man trying to kidnap a kid off a school playground. He was found incompetent, and is being released. Pretty confident that guy will offend again, and be released again, until he kills someone.

As you said, those are the stories highlighted in the news, and it probably makes the problem seem worse than it is. But stories like that are in the news pretty frequently. And there is no doubt that sanctuary cities are releasing violent criminals rather than cooperate with ICE. That issue wasn't as bad 10-20 years ago, now it's the norm. Sanctuary cities look at ICE as the criminals. That creates all sorts of problems.