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I know most of the psychologists who work at this hospital, and they are excellent.
In fact, many of these “white collar” felonies are committed by wealthier people who, statistically speaking, are less likely to commit violent crimes than the average citizen.
With that in mind, what happens if the issue of competency is raised in People v. The judge cannot ignore a request for the competency issue to be examined.
The court will order a competency evaluation, and most likely, Holmes will be sent to the Colorado Mental Health Institute at Pueblo, the state mental health hospital, to undergo a competency evaluation.
Every 90 days, psychologists will update the court on Holmes' progress in treatment.
One of two things will happen at this point: Either 1) he will be restored to competency and will face his charges just like normal, or 2) he will not be restored to competency and will not face his charges.
I have been asked numerous times if James Holmes will escape punishment if he is found incompetent.
Many people are legitimately assuming the issue of competence will be raised in his case, and it is understandable for people to be worried that it might be a loophole in the law, or a way for him to avoid punishment.
If Holmes is deemed competent to stand trial, his legal case will proceed just like normal.
If he is found incompetent, he will be remanded back to the hospital in Pueblo, where he will undergo "restoration to competency" treatment.
If he does not have either of these abilities, it must be determined that his "incompetence" is caused by either a mental disability or developmental disability. The person can argue that he had ineffective counsel, he can argue that he did not receive due process, and he can make a claim that he did not have an actual opportunity to confront his accusers, tell his side of the story, or present evidence in his defense.
If you want to read the actual Colorado law, you can look it up here: C. If a conviction (and thus a sentence) is overturned, there is a chance the perpetrator can walk free.
A little background on legal competence to stand trial: it is incredibly important for an individual to understand what is happening in court, to be able to think rationally about courtroom proceedings, and to be able to work with an attorney to assist in developing a defense.