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The DA will want to make sure Holmes' competency-related abilities are documented in the record before he faces his charges so there aren't any questions about them afterward if he is convicted.
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It is a matter of legal fact that must be decided by the court.I have been asked numerous times if James Holmes will escape punishment if he is found incompetent.Here is the catch: In Colorado, a person can be locked in a maximum security wing of the state hospital, which is very similar to prison, until he is restored to competency or for the maximum term of confinement that could be imposed for the offenses.After a few weeks of evaluation, these psychologists will offer an opinion on whether or not Holmes is competent.Colorado Mental Health Institute at Pueblo, the state mental health hospital, to undergo a competency evaluation.But wait, didn't I just write that being found incompetent is not a free pass?Thanks for reading- Max Wachtel,.M m/drmaxwachtel m/mwachtel, posted in: #theatershooting, incompetent, James Holmes.View more sites like this, you have not yet voted on this site!Holmes will be evaluated by some of the best forensic psychologists in the country.How is not facing multiple first-degree murder (and countless other) charges not a free pass?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) combien de loto par an pour une association he will not be restored to competency and will not face his charges.So, even if Holmes is found incompetent, the only way he will go free is if he is restored to competency, takes his case to trial, and is found Not Guilty on every one of the dozens of charges he faces.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.The judge cannot ignore a request for the competency issue to be examined.To say it in plain English, if Holmes is not restorable to competency, he will be locked in Pueblo for at least 12 life sentences, even though he was never convicted of a crime.If a conviction (and thus a sentence) is overturned, there is a chance the perpetrator can walk free.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.You do not need to login to vote.In Colorado, where Holmes will be tried, he must have a rational and factual understanding of the criminal proceedings against him and he must have sufficient present ability to rationally cooperate with his attorney to assist in his defense.It will then be up to the judge to make the final legal ruling.
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Because of the risk of overturning a conviction on appeal, it is my guess that the Arapahoe County DA will raise the issue of incompetency with the court if the public defender does not.