RESUMO
In Jackson v. Indiana (1972) the U.S. Supreme Court held that states may not indefinitely confine criminal defendants solely on the basis of incompetence to stand trial. The Court ruled that the commitment duration be limited based on the likelihood of restorability, but did not provide specific time limits. Nearly four decades later, there is striking heterogeneity regarding the length of confinement. As of 2007, 28 percent of the states specify 1 year or less, 20 percent specify 1 to 10 years, 22 percent link the limit to the criminal penalty for the charged offense (up to life), and 30 percent set no limit. Thus, most state statutes seem out of compliance with Jackson. While research has focused on predicting restorability and testing restoration modalities, empirical evidence about the reasonable length of time to determine restorability has not been adequately addressed. Quantitative analysis of Jackson's reasonable period of time is needed to ensure due process for incompetent felony defendants.
