Misdemeanors and the Competency Crisis

This episode explores the growing national competency crisis in the criminal legal system, with a focus on misdemeanor defendants who are increasingly found incompetent to stand trial. Drawing on recent research, the discussion examines why these defendants are often more severely ill, how states vary in competency evaluation, restoration, and dismissal practices, and the unintended consequences of policy reforms. The conversation highlights ethical tensions, resource limitations, and the human impact on defendants, attorneys, and forensic evaluators navigating strained mental health systems.