Determining whether someone is competent to stand trial

COLUMBUS, Miss. (WCBI) – Being competent to stand trial.

It’s a major factor in determining whether a case can move forward.

“It’s whether you are smart enough to understand the legal process, understand what you are accused of, understand that you’ve got a lawyer, understand that there is a judge and a jury,” said Scott Colom, District Attorney for the 16th Judicial District. “Are you smart enough to talk to the lawyer and explain to him or her whether you are guilty or innocent of the crime. Can you tell them about potential witnesses? If you’re not able to understand the system or communicate with your lawyer well enough, then you can be determined to be incompetent to stand trial.

It’s a matter that both sides look at when a defendant is facing trial for a violent crime.

“There are a lot of people that suffer from serious mental illnesses that impact their conduct and behavior, but doesn’t rise to the level of making them incompetent,” said Colom.

To determine whether someone is competent to stand trial, Colom said a request must be made for a mental evaluation.

If the request is granted, the state hospital will perform a series of tests on the defendant.

“They ask them questions about what occurred,” described Colom. “They research their backgrounds, their school records. There are formulas they have to make sure people aren’t cheating on the test, so it’s not an easy test to cheat on.”

Once the evaluation is complete, the judge then rules if the defendant can stand trial.

If they are competent the trial will proceed.

However, if they’re not competent, the defendant can’t be convicted of the crime they’re found incompetent for.

“The charges are dismissed and they are civilly committed,” the district attorney said.

A murder case in Starkville is highlighting this process.

Last month, a Starkville judge ruled William Thomas Chisholm is in fact competent to stand trial for the murder of Dr. Shauna Witt.

Chisholm is accused of shooting and killing Witt at her optometry practice in Walmart.

“His lawyer requested a mental evaluation to determine whether he was competent one, but also to determine whether he was eligible for the death penalty,” Colom explained.

When the death penalty is in play, the court must also look into mental capabilities.

“The supreme court has said you cannot try a person for capital murder if their IQ is below a certain level,” said Jeff Hosford, WCBI’s legal expert.

This means that even though a person is competent to stand trial for the crime, they aren’t necessarily eligible for the death penalty.

“The supreme court has made some higher rulings and a little more stringency to ensure that people that may that not be capable of understanding the context of what they’re doing, are protected more so than a normal person who should understand what’s going on,” said Hosford.

Colom said one problem the state faces is there’s not enough long-term treatment for people with a mental illness.

According to the district attorney, a lot of times the state hospital isn’t able to keep and treat people suffering from serious mental illnesses to the point where they are competent to be legally held responsible for their actions.